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Agenda packet

Cotati City Council
August 27, 2024

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Agenda packet
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August 27, 2024
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Cotati City Council
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INTRODUCTION AND SUMMARY
This report presents the results of an environmental noise assessment completed for the proposed Cotati Village #2 residential development located on a + 5.6 Acre site at 7515 Alder Avenue in Cotati, California (see Figure 1). The project proposes to construct two, four-story buildings totaling 126 residential units and a separate 2,250 ft2 commercial building. The purpose for this noise assessment is to evaluate the compatibility of the development with respect to the environmental noise levels at the project site and evaluate noise impacts upon sensitive receptors in the area. The Setting Section of this report presents the fundamentals of environmental noise and vibration, describes regulatory criteria that are applicable in the project’s assessment, and summarizes the results of a survey of the existing noise environment at the project site and vicinity.

Figure 1: Project Site, Vicinity and Measurement Locations

SETTING

FUNDAMENTALS OF ENVIRONMENTAL NOISE
Noise may be defined as unwanted sound. Noise is usually objectionable because it is disturbing or annoying. The objectionable nature of sound could be caused by its pitch or its loudness.

Pitch is the height or depth of a tone or sound, depending on the relative rapidity (frequency) of the vibrations by which it is produced. Higher pitched signals sound louder to humans than sounds with a lower pitch. Loudness is the intensity of sound waves combined with the reception characteristics of the ear. Intensity may be compared with the height of an ocean wave in that it is a measure of the amplitude of the sound wave.

In addition to the concepts of pitch and loudness, there are several noise measurement scales, which are used to describe noise in a particular location. A decibel (dB) is a unit of measurement, which indicates the relative amplitude of a sound. The zero on the decibel scale is ST-1
ST-3
(LT-1 Vill #1)
ST-2
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based on the lowest sound level that the healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis. An increase of 10 decibels represents a ten-fold increase in acoustic energy, while 20 decibels is 100 times more intense, 30 decibels is 1,000 times more intense, etc. There is a relationship between the subjective noisiness or loudness of a sound and its intensity. Each 10-decibel increase in sound level is perceived as approximately a doubling of loudness over a fairly wide range of intensities. Technical terms are defined in Table 1.

There are several methods of characterizing sound. The most common in California is the Aweighted sound level (dBA). This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Representative outdoor and indoor noise levels in units of dBA are shown in Table 2. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events. This energy-equivalent sound/noise descriptor is called Leq. The most common averaging period is hourly, but Leq can describe any series of noise events of arbitrary duration.

The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within about plus or minus 1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports. The accuracy of the predicted models depends upon the distance the receptor is from the noise source. Close to the noise source, the models are accurate to within about plus or minus 1 to 2 dBA.

Since the sensitivity to noise increases during the evening and at night -- because excessive noise interferes with the ability to sleep -- 24-hour descriptors have been developed that incorporate artificial noise penalties added to quiet-time noise events. The Community Noise Equivalent Level (CNEL) is a measure of the cumulative noise exposure in a community, with a 5 dB penalty added to evening (7:00 pm - 10:00 pm) and a 10 dB addition to nocturnal (10:00 pm - 7:00 am) noise levels. The Day/Night Average Sound Level (DNL or Ldn) is essentially the same as CNEL, with the exception that the evening time period is dropped and all occurrences during this three-hour period are grouped into the daytime period.

EFFECTS OF NOISE
Sleep and Speech Interference. The thresholds for speech interference indoors are about 45 dBA if the noise is steady and above 55 dBA if the noise is fluctuating. Outdoors the thresholds are about 15 dBA higher. Steady noises of sufficient intensity (above 35 dBA) and fluctuating noise levels above about 45 dBA have been shown to affect sleep. Interior residential standards for multi-family dwellings are set by the State of California at 45 dBA Ldn. Typically, the highest steady traffic noise level during the daytime is about equal to the Ldn and nighttime levels are 10 dBA lower. The standard is designed for sleep and speech protection and most jurisdictions apply the same criterion for all residential uses. Typical structural attenuation is 12-17 dBA with open windows. With closed windows in good condition, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling. Sleep and speech interference is therefore possible when exterior noise levels are about 57-62 dBA Ldn with open windows and 65-70 dBA Ldn if the windows are closed. Levels of 55-60 dBA are common along collector streets and secondary arterials, while 65-70 dBA is a typical value for a primary/major arterial.

Levels of 75-80 dBA are normal noise levels at the first row of development outside a freeway right-of-way. To achieve an acceptable interior noise environment, bedrooms facing secondary 1039 of 1220

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roadways need to be able to have their windows closed, those facing major roadways and freeways typically need special glass windows.

Table 1: Definitions of Acoustical Terms Used in this Report Term Definitions
Decibel, dB A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure.

The reference pressure for air is 20.

Sound Pressure Level Sound pressure is the sound force per unit area, usually expressed in micro-Pascals (or 20 micro-Newtons per square meter), where 1 Pascal is the pressure resulting from a force of 1 Newton exerted over an area of 1 square meter. The sound pressure level is expressed in decibels as 20 times the logarithm to the base 10 of the ratio between the pressures exerted by the sound to a reference sound pressure (e.g., 20 micro-Pascals). Sound pressure level is the quantity that is directly measured by a sound level meter.

Frequency, Hz The number of complete pressure fluctuations per second above and below atmospheric pressure. Normal human hearing is between 20 Hz and 20,000 Hz.

Infrasonic sound are below 20 Hz and Ultrasonic sounds are above 20,000 Hz.

A-Weighted Sound Level,
dBA
The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.

Equivalent Noise Level,
Leq
The average A-weighted noise level during the measurement period. The hourly Leq used for this report is denoted as dBA Leq[h].

Day-Night Level, Ldn The equivalent noise level for a continuous 24-hour period with a 10-decibel penalty imposed during nighttime and morning hours (10:00 pm to 7:00 am).

Community Noise
Exposure Level, CNEL
CNEL is the equivalent noise level for a continuous 24-hour period with a 5-decibel penalty imposed in the evening (7:00 pm to 10:00 pm) and a 10-decibel penalty imposed during nighttime and morning hours (10:00 pm to 7:00am) L1, L10, L50, L90 The A-weighted noise levels that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.

Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location.

Intrusive That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, and time of occurrence and tonal or informational content as well as the prevailing ambient noise level.

Source: Handbook of Acoustical Measurements and Noise Control, Harris, 1998.

Annoyance. Attitude surveys are used for measuring the annoyance felt in a community for noises intruding into homes or affecting outdoor activity areas. In these surveys, it was determined that the causes for annoyance include interference with speech, radio and television, house vibrations, and interference with sleep and rest. The Ldn as a measure of noise has been found to provide a valid correlation of noise level and the percentage of people annoyed. People have been asked to judge the annoyance caused by aircraft noise and ground transportation noise.

There continues to be disagreement about the relative annoyance of these different sources.

When measuring the percentage of the population highly annoyed, the threshold for ground vehicle noise is about 50 dBA Ldn. At a Ldn of about 60 dBA, approximately 12 percent of the population is highly annoyed. When the Ldn increases to 70 dBA, the percentage of the population highly annoyed increases to about 25-30 percent of the population. There is, 1040 of 1220

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therefore, an increase of about 2 percent per dBA between a Ldn of 60-70 dBA. Between a Ldn of 70-80 dBA, each additional decibel increases the percentage of the population highly annoyed by about 3 percent. People appear to respond more adversely to aircraft noise. When the Ldn is 60 dBA, approximately 30-35 percent of the population is believed to be highly annoyed. Each decibel increase to 70 dBA adds about 3 percentage points to the number of people highly annoyed. Above 70 dBA, each decibel increase results in about a 4 percent increase in the percentage of the population highly annoyed.

Table 2: Typical Noise Levels in the Environment
Common Outdoor Noise Source Noise Level (dBA) Common Indoor Noise Source 110 dBA Rock band
Jet fly-over at 1,000 feet
100 dBA
Gas lawn mower at 3 feet
90 dBA
Diesel truck at 50 feet at 50 mph Food blender at 3 feet 80 dBA Garbage disposal at 3 feet
Noisy urban area, daytime
Gas lawn mower, 100 feet 70 dBA Vacuum cleaner at 10 feet Commercial area Normal speech at 3 feet
Heavy traffic at 300 feet 60 dBA
Large business office
Quiet urban daytime 50 dBA Dishwasher in next room
Quiet urban nighttime 40 dBA Theater, large conference room Quiet suburban nighttime
30 dBA Library
Quiet rural nighttime Bedroom at night, concert hall
(background)
20 dBA
Broadcast/recording studio
10 dBA
0 dBA
Source: Technical Noise Supplement (TeNS), Caltrans, November 2009. 1041 of 1220

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FUNDAMENTALS OF GROUNDBORNE VIBRATION
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero. Several different methods are typically used to quantify vibration amplitude. One is the Peak Particle Velocity (PPV), and another is the Root Mean Square (RMS) velocity. The PPV is defined as the maximum instantaneous positive or negative peak of the vibration wave. The RMS velocity is defined as the average of the squared amplitude of the signal. The PPV and RMS vibration velocity amplitudes are used to evaluate human response to vibration. In this section, a PPV descriptor with units of mm/sec or in/sec is used to evaluate construction generated vibration for building damage and human complaints. Table 3 displays the reactions of people and the effects on buildings that continuous vibration levels produce. The annoyance levels shown in Table 3 should be interpreted with care since vibration may be found to be annoying at much lower levels than those shown, depending on the level of activity or the sensitivity of the individual. To sensitive individuals, vibrations approaching the threshold of perception can be annoying.

Table 3: Reaction of People and Damage to Buildings for Continuous Vibration Levels Vibration Level,
PPV (in/sec) Human Reaction Effect on Buildings

0.006 to 0.019 Threshold of perception,
Possibility of intrusion Vibration unlikely to cause damage of any type

0.08 Vibrations readily perceptible
Recommended upper level of the vibration to
which ruins and ancient monuments should be
subjected

0.10 Level at which continuous
vibrations begin to annoy people
Virtually no risk of “architectural” damage to
normal buildings

0.20 Vibrations annoying to people in
buildings
Threshold at which there is a risk of
“architectural” damage to normal dwellings such
as plastered walls or ceilings.

0.4 to 0.6
Vibrations considered unpleasant
by people subjected to continuous
vibrations
Vibration at this level would cause
“architectural” damage and possibly minor
structural damage.

Source: Transportation Related Earthborne Vibrations (Caltrans Experiences), Technical Advisory, Vibration TAV02-01-R9601, California Department of Transportation, February 20, 2002.

Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage. In high noise environments, which are more prevalent where groundborne vibration approaches perceptible levels, this rattling phenomenon may also be produced by loud airborne environmental noise causing induced vibration in exterior doors and windows.

Construction activities can cause vibration that varies in intensity depending on several factors.

The use of pile driving and vibratory compaction equipment typically generate the highest construction related ground-borne vibration levels. Because of the impulsive nature of such activities, the use of the peak particle velocity descriptor (PPV) has been routinely used to measure and assess ground-borne vibration and almost exclusively to assess the potential of vibration to induce structural damage and the degree of annoyance for humans.

The two primary concerns with construction-induced vibration, the potential to damage a structure and the potential to interfere with the enjoyment of life are evaluated against different vibration limits. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 in/sec PPV. Human perception to vibration varies with the individual and is a function of physical setting and the type of vibration. Persons exposed to elevated 1042 of 1220

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ambient vibration levels such as people in an urban environment may tolerate a higher vibration level.

Structural damage can be classified as cosmetic only, such as minor cracking of building elements, or may threaten the integrity of the building. Safe vibration limits that can be applied to assess the potential for damaging a structure vary by researcher and there is no general consensus as to what amount of vibration may pose a threat for structural damage to the building.

Construction-induced vibration that can be detrimental to the building is very rare and has only been observed in instances where the structure is at a high state of disrepair and the construction activity occurs immediately adjacent to the structure.

REGULATORY BACKGROUND
The State of California and the City of Cotati have established regulatory criteria that are applicable in this assessment. The State of California Environmental Quality Act (CEQA) Guidelines, Appendix G, are used to assess the potential significance of impacts pursuant to local General Plan policies, Zoning Code standards, or the applicable standards of other agencies. A summary of the applicable regulatory criteria is provided below.

State CEQA Guidelines. CEQA contains guidelines to evaluate the significance of effects of environmental noise attributable to a proposed project. Under CEQA, noise impacts would be considered significant if the project would result in:
(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, (b) Generation of excessive groundborne vibration or groundborne noise levels, (c) For a project located within the vicinity of a private airstrip or an airport land use plan or where such a plan has not been adopted within two miles of a public airport or public use airport, if the project would expose people residing or working in the project area to excessive noise levels.
2022 California Building Code, Title 24, Part 2. The current version of the California Building Code (CBC) requires interior noise levels attributable to exterior environmental noise sources to be limited to a level not exceeding 45 dBA Ldn/CNEL in any habitable room.

City of Cotati General Plan (adopted 3.24.15) The Noise Element of the City of Cotati’s General Plan provides the following Goal, Policies, and Implementation Measures which are relevant to the proposed project:

GOAL N-1 Create a Pleasant Sound Environment by Minimizing Exposure to Harmful and Annoying Noise.

OBJECTIVE N-1A Minimize Noise Levels to Enhance the Quality of Existing and Future Land Uses
Policy N 1.1: Ensure the noise compatibility of existing and future uses when making land use planning decisions.

Policy N 1.2: Require development and infrastructure projects to be consistent with the Land Use Compatibility for Community Noise Environments standards indicated in Table N-1 to ensure acceptable noise levels at existing and future uses. 1043 of 1220

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Policy N 1.3: Require development to mitigate excessive noise through best practices, including building location and orientation, building design features, placement of noise-generating equipment away from sensitive receptors, shielding of noise-generating equipment, placement of noise-tolerant features between noise sources and sensitive receptors, and use of noise-minimizing materials such as rubberized asphalt.

Policy N 1.4: Require mixed-use projects to minimize noise exposure within the indoor areas of nearby residential areas through the use of noise attenuating building materials, engineering techniques, and site design practices. Site Design practices may include locating mechanical equipment, loading bays, parking lots, driveways, and trash enclosures away from residential uses and providing noise attenuating screening features onsite.

TABLE N-1: LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENT

LAND USE CATEGORY

EXTERIOR NOISE EXPOSURE, LDN
55 60 65 70 75 80
Single Family Residential
Multi-Family Residential, Hotels, and Motels
Outdoor Sports and Recreation, Neighborhood
Parks and Playgrounds
Schools, Libraries, Museums, Hospitals, Personal
Care, Meeting Halls, Churches
Office Buildings, Business
Commercial, and Professional
Auditoriums, Concert Halls, Amphitheaters
Industrial, Manufacturing, Utilities and Agriculture
NORMALLY ACCEPTABLE Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special insulation requirements.

CONDITIONALLY ACCEPTABLE: Specified land use may be permitted only after detailed analysis of the noise reduction requirements and needed noise insulation features included in the design.

UNACCEPTABLE: New construction or development should generally not be undertaken because mitigation is usually not feasible to comply with noise element policies.

Policy N 1.5: Control non‐transportation related noise from site specific noise sources.

Policy N 1.6: Support noise-compatible land uses along existing and future roadways, highways, and freeways.

Policy N 1.7: The following criteria shall be used to determine the significance, for projects required by the California Environmental Quality Act to analyze noise impacts, of noise impacts for development, transportation, and other projects that increase noise:

Stationary and Non‐Transportation Noise Sources
• A significant impact will occur if the project results in an exceedance of the noise level standards contained in this Noise Element, or the project will result in an increase in ambient noise levels by more than 3 dB.
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Transportation Noise Sources
• Where existing traffic noise levels are less than 60 dB Ldn at the outdoor activity areas of noise‐sensitive uses, a +5 dB Ldn increase in roadway noise levels will be considered significant; and
• Where existing traffic noise levels range between 60 and 65 dB Ldn at the outdoor activity areas of noise-sensitive uses, a +3 dB Ldn increase in roadway noise levels will be considered significant; and
• Where existing traffic noise levels are greater than 65 dB Ldn at the outdoor activity areas of noise-sensitive uses, a +1.5 dB Ldn increase in roadway noise levels will be considered significant.

Policy N 1.8: Ensure that new development does not result in indoor noise levels for sleeping areas in excess of 45 dBA Ldn.

Policy N 1.11: Require acoustical studies and mitigation measures, where necessary, for new developments and transportation improvements that affect noise sensitive uses such as schools, hospitals, libraries, group care facilities, convalescent homes, and residential areas.

Policy N 1.15: Require new development to minimize vibration impacts to adjacent uses during demolition and construction. For sensitive historic structures, a vibration limit of 0.08 in/sec PPV (peak particle velocity) will be used to minimize the potential for cosmetic damage to the building. A vibration limit of 0.30 in/sec PPV will be used to minimize the potential for cosmetic damage at buildings of normal conventional construction.

Action N1a: Update the Land Use Code to ensure that the noise standards are consistent with this Noise Element, including Tables N-­‐1 and N2, and to require new residential, mixed-­‐use with a residential component, and other noise-­‐sensitive development to be designed to minimize noise exposure to noise sensitive users through incorporation of site planning and architectural techniques such as:
• Locating dwellings as far from noise generators aspossible. • Locating noise sensitive interior spaces, such as bedrooms, away from noise generators. • Orienting buildings to shield noise sensitive outdoor spaces from noise generators. • Use of sound walls should be avoided or minimized, through alternative measures such as berms, setbacks, or other measures, to the maximum extent feasible andappropriate.

Action N1b: Review land use and development proposals, including use permits, for compliance with the noise requirements established in this element, including the standards established in Tables N-­‐1 and N-­‐2. Where necessary, mitigation measures to achieve the noise standards identified in Tables N-1 and N-2 and, where applicable to minimize exposure of sensitive uses to existing or potential vibration levels to the maximum feasible extent.

Action N1c: Require an acoustical study for all new discretionary projects, including development and transportation, with potential noise impacts. The study shall include mitigation measures necessary to ensure compliance with this Noise Element and relevant noise standards in the Land Use Code.

Action N1h: During the environmental review process, determine if proposed construction will constitute a significant impact on nearby residents and require mitigation measures in addition to the standard “best practice” controls. Suggested “best practices” for control of construction noise:
• Construction period shall be less than twelve months. • Noise‐generating construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to between the hours of 7:00 am and 7:00 pm on weekdays and 9:00 am and 5:00 pm on Saturdays (if allowed through specific project conditions of approval). No construction shall occur on Sundays or holidays. • All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
• The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
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• At all times during project grading and construction, stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences.
• Unnecessary idling of internal combustion engines shall be prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction related noise sources and noise-­‐sensitive receptors nearest the project site during all project construction.
• The required construction-related noise mitigation plan shall also specify that haul truck deliveries are subject to the same hours specified for construction equipment. • Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
• The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.

EXISTING NOISE ENVIRONMENT
The proposed project is located at the northwest corner of the Gravenstein Highway and Alder Avenue intersection in Cotati and is bordered by an existing retail center to the south (between it and the Gravenstein Highway), the future Cotati Village #1 mixed use development to the east across Alder Lane, the Cotati large animal hospital to the west and a vehicle storage lot/vacant land to the north. The existing noise environment on the project site results primarily from vehicular traffic on Gravenstein Highway, with distant noise from Hwy 101 contributing to background sound levels. Other sources of noise in the area include commercial, agricultural, and residential noise in the project vicinity.

A short-term noise measurement survey was conducted at the project site on Friday June 23rd, 2023 to quantify the existing noise environment on the project site through an update of the prior survey conducted for the Cotati Village #1 mixed use development between September 15th and 17th, 2022. This noise survey included three short-term measurement locations, shown as ST-1, ST-2, and ST-3 in Figure 1. Two of these measurements (ST-1 and ST-2) were made in the vicinity of proposed buildings A and B at approximately 235 feet and 400 feet from the centerline of Hwy 116. The noise measurements were conducted with Larson Davis Laboratories (LDL) Type I Model LXT Sound Level Meters All meters were equipped with ½-inch prepolarized condenser microphones and windscreens and were calibrated with a Larson Davis Model CA250 precision acoustic calibrator prior to and following the measurement survey. The measurements at ST-1 and ST-2 were conducted simultaneously with measurements at a third location (ST-3), which was conducted at the position of the long-term measurement closest to the Gravenstein Highway conducted for the Cotati Village #1 development (indicated as LT-1in that report and as discussed below).

The prior (2022) long term noise measurement at LT-1 was made on the trunk of a tree at a height of 12 feet above grade and approximately 100 feet from the centerline of Gravenstein Hwy (see Figure 1). The measured noise levels at this location, including the energy equivalent noise level (Leq), maximum (Lmax), minimum (Lmin), and the noise levels exceeded 10, 50 and 90 percent of the time (indicated as L10, L50 and L90) are shown on Chart 1, following. 1046 of 1220

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A review of Chart 1 indicates that the noise levels at site LT-1 followed a diurnal pattern characteristic of traffic noise, with the average daytime noise levels ranging from 62 to 68 dBA Leq and the average hourly nighttime noise levels ranging from 53 to 66 dBA Leq. The overall average Day/Night noise Level (Ldn) for the 48-hour monitoring period at position LT-1 was 68 dBA, with the full day (Friday 9/16/22) Ldn at 69 dBA.

The results of the current short measurements at ST-1, ST-2 and ST-3 (LT-1) which are shown in Table 4 below, indicate that the overall Ldn at approximately 235 feet from the Hwy 116 centerline was 61 dBA, while the overall Ldn at approximately 400 feet from the Hwy 116 centerline was 57 dBA. Considering these existing condition levels and the distances from the facades of Building A and B with views of Hwy 116 traffic, we would expect the traffic noise exposure at Building A to range from 56 to 62 dBA Ldn and the traffic noise exposure at Building B to range from 60 to 61 57 dBA Ldn under existing conditions.

Table 4: Short-term Measurement Results
Location Time/ Date. Lmax L01 L10 Leq L50 L90 Ldn
ST-1 (~235 ft. to CL of Hwy 116)
3:10 PM
6/6/2023 71 62 59 56 55 48 61
ST-3 (Long-term LT-1, ~115 ft. to Hwy 116 CL)
3:10 PM
6/6/2023 77 72 67 64 63 51 68
ST-2 (~400 ft. to CL of Hwy 116)
3:30 PM
6/6/2023 59 58 56 53 53 50 57
ST-3 (Long-term LT-1, ~115 ft. to Hwy 116 CL)
3:30 PM
6/6/2023 74 72 69 65 64 55 68

FUTURE NOISE ENVIRONMENT
The future noise environment on the project site would continue to result primarily from traffic on Gravenstein Hwy. Based on a review of the future versus existing traffic volumes for this roadway without the project from the traffic reports and memo for Cotati Villages 1 and 2 projects1, we have calculated the future noise environment on the project site and surroundings will increase by 3 dBA over existing noise conditions. Thus, under future conditions, the traffic noise exposure in areas of Building A with views of Hwy 116 traffic are expected to range from 59 to 65 dBA Ldn and the traffic noise exposure in areas of Building B with views of Hwy 116 traffic are expected to range from 63 to 64 dBA Ldn.

SIGNIFICANCE CRITERIA
Appendix G of the CEQA Guidelines states that a project would normally be considered to result in significant noise impacts if noise levels conflict with adopted environmental standards or plans or if noise generated by the project would substantially increase existing noise levels at sensitive receivers over a permanent or temporary basis. A significant impact would be identified for a proposed land use if it were exposed to noise levels exceeding established guidelines or standards for noise and land use compatibility. A substantial permanent noise increase would occur if the noise level increase resulting from the project is 1.5 dBA where existing traffic noise levels are greater than 65 dBA Ldn, 3 dBA Ldn where existing traffic noise levels are between 60 and 65 dBA Ldn, and 5 dBA Ldn where existing traffic noise levels are less than 60 dBA Ldn as established by the Cotati General Plan. A substantial temporary noise level increase would occur where noise from construction activities exceeds 60 dBA Leq and the ambient noise environment by at least 5 dBA Leq at adjacent land uses in the project vicinity for 1 W-Trans, “Draft Report, Transportation Impact Study for the Cotati Village Project”, 09/8/2022 1048 of 1220

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a period of one year or more. Vibration levels generated during demolition or construction activities would be significant if they cause cosmetic or structural damage to adjacent buildings.

NOISE IMPACTS AND MITIGATION MEASURES
Impact 1a: Exterior Residential Noise and Land Use Compatibility. Residential uses developed at portions of the project site would be exposed to normally and conditionally acceptable noise levels. This is a less-than-significant impact.

Project drawings show that the common outdoor use area for the project, labeled the ‘Central Green Commons’, will be south of Building B and north of project parking and the ‘Woonerf’2 connecting it to Alder Lane. A review of the site plan shows that this central common open space will be as close as 275 feet from the centerline of Gravenstein Highway and will receive partial acoustical shielding from intervening structures. Based on the results of our measurement survey and future noise projections, but without consideration of any partial noise shielding, sound levels in the project common open space areas are expected to be up to 65 dBA Ldn under future conditions. Such exterior noise levels are considered “normally acceptable” for multifamily residential land uses by the City of Cotati General Plan Noise Element.

Mitigation Measure 1a: None Required.

Impact 1b: Interior Residential Noise and Land Use Compatibility. The interiors of residences on portions of the project site that would be exposed to “conditionally acceptable” noise levels such that the interior noise levels may exceed the City and State required 45 dBA Ldn level. This is a less-than-significant impact with the incorporation of noise control measures in the project design.

Interior noise levels within residential buildings of normal construction are typically 15 dBA lower than exterior noise levels with the windows partially open. With the windows closed, standard residential construction typically provides 20 to 25 decibels of exterior to interior noise reduction. Considering this, where exterior day-night average noise levels are 65 dBA Ldn or less, interior noise levels can typically be maintained below the City and State interior noise standard of 45 dBA Ldn with the incorporation of forced air mechanical ventilation systems to provide adequate fresh air when residents wish to keep their windows closed for noise control.

Where exterior noise levels are less than 60 dBA Ldn, the City and State interior noise standard of 45 dBA Ldn can typically be achieved indoors with windows open for fresh air.

Based on the results of the measurement survey and acoustical calculation, all residential units within 400 feet of the centerline of Hwy 116 with a view of traffic on this roadway will be exposed to an Ldn of 60 dBA or greater under future conditions and the closest residential units to Hwy 116 (southernmost façade of Building A) will be exposed to exterior noise levels of 65 dBA Ldn under future conditions. Considering this, the following noise control measures are assumed to be included in the final project design:

Exterior to Interior Noise Control Design Measures:

All apartments in Buildings A and B within 400 feet of the centerline of Hwy 116, as shown in Figure 2, will be equipped with a mechanical ventilation system to supply fresh air to the units while allowing residents to keep their windows closed for noise control. These mechanical ventilation systems may take the form of an acoustically rated straight air transfer duct such as the Fresh 80, 90 or 100-dB units by Fresh Ventilation (or equal), a standard central air conditioning and/or a central heating system with adequate fresh air supply, which is equipped 2 A Woonerf is a ‘Street for Living’ where vehicles are slowed by placing trees, planters, parking areas, and other obstacles in the street.
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with a ‘summer switch’ to allow the fan to circulate air without cooling or heating operation, or other systems satisfactory to the local building official, which provide adequate mechanical ventilation to the residences with closed windows.

Mitigation Measure 1b: No additional measures required
Figure 2: Project Site Plan Showing Units Equipped with Mechanical Ventilation Impact 2: Project Operational Noise Generation Noise due to the use and occupation of the project residences on adjacent noise sensitive uses is not expected to significantly increase or alter the existing noise environment at these uses. This is a less-than-significant impact.

The proposed project would place new residential uses within 175 feet of the future Cotati Village #1 residential development to the east and within 200 feet of an existing multi-family housing development to the northeast. The occupation and use of the proposed homes is expected to result in the typical noises associated with residential development, including voices of the new residents, home maintenance activities, barking dogs and children. The Heating Ventilation and Air Conditioning (HVAC) and other mechanical equipment associated with multifamily residential development may also add noise the existing environment. Based on noise measurements made at similar projects the outdoor condensing units at the proposed residences may produce constant sound levels of 47 to 50 dBA Leq at 50 feet and could operate continuously during both daytime and nighttime hours. Considering these noise levels and distances to the adjacent residential uses, noise from the project HVAC equipment would be at or below ambient noise levels at these adjacent residences. Additionally, though noise resulting from occupation of the new residences may noticeably change the noise environment in some adjacent residential areas, these sources are not expected to increase noise levels in any surrounding areas by four or more dBA and the noise associated with the proposed residences is Residential units requiring
Mechanical Ventilation
1050 of 1220

Page 14 ends

not incompatible with the surrounding land uses. Therefore, project operation is not judged to result in a noise impact.

Mitigation 2: None Required.

Impact 3: Project-Generated Traffic Noise. The proposed project would not substantially increase noise levels on a permanent basis at noise sensitive uses in the vicinity.

This is a less-than-significant impact.

A significant impact would be identified if traffic generated by the project would substantially increase noise levels at sensitive receivers in the vicinity. A substantial increase would occur if the project traffic on area roadways where to result in a noise level increase of 5 dBA Ldn or greater at multi-family homes east of the project site, or by 1.5 dBA Ldn or greater at the singlefamily homes south of the project site. The traffic analysis for the Cotati Village #2 development3 indicates that it would generate 68 trips during the a.m. peak hour and 69 during the p.m. peak hour, and the traffic analysis for the Cotati Village #1indicates that it would generate 110 trips during the a.m. peak hour and 178 during the p.m. peak hour1 for a total trip generation between the Village #1 and Village #2 projects of 178 trips during the a.m. peak hour and 247 trips during the p.m. peak hour. The analysis from Cotati Village #1 traffic report also indicated there are currently 1348 am peak hour trips and 1251 pm peak hour trips on Gravenstein Highway adjacent to the site. Considering these volumes, traffic from both Cotati Village #1 and #2 project traffic would result in a less than 1 dBA increase in noise levels on the Gravenstein Highway. An additional review shows that under existing conditions project traffic on Alder Avenue, would result in a 3 dBA or less increase in noise levels on Alder Avenue.

Mitigation 3: None Required.

Impact 4: Exposure to Construction Generated Groundborne Vibration. Residences in the vicinity of the project site are not expected to be exposed to perceptible vibration levels from construction activities. This is a less-than-significant impact.

Construction activities would include site preparation work such as grading and the installation of utilities, foundation work, and new building framing. Construction techniques that generate the highest vibration levels, such as impact or vibratory pile driving, are not expected at this project. Construction activities would generally occur at distances of 200 feet or more from the nearest residential units to northeast. Construction activities near the southern project perimeter could occur at distances of 600 feet or more from the single-family homes to the south.

For structural damage, the California Department of Transportation uses a vibration limit of 0.5 in/sec, PPV for buildings structurally sound and designed to modern engineering standards and

0.2 in/sec, PPV for buildings that are found to be structurally sound but where structural damage is a major concern.

Project construction activities such as drilling, the use of jackhammers, rock drills and other high-power or vibratory tools, and rolling stock equipment (tracked vehicles, compactors, etc.) may generate substantial vibration in the immediate vicinity. Building framing, exterior and interior finishing, and landscaping activities are not anticipated to be sources of substantial vibration. Construction activities may extend over several construction seasons, but construction vibration would not be substantial for most of this time except during vibration generating activities (as discussed above).

Table 7 presents vibration source levels for typical construction equipment at distances of 25 and 200 feet. Jackhammers typically generate vibration levels of 0.002 in/sec PPV, drilling typically 3 W-Trans, “Memorandum of Understanding for Cotati Village 2 Project”, 04/5/2024 1051 of 1220

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generates vibration levels of 0.004 in/sec PPV, and vibratory rollers generate vibration levels of

0.009 in/sec PPV at distances of 200 feet. Based on this, construction vibration levels would be well below the 0.50 in/sec PPV damage criteria at the closest residential structures.

TABLE 7 Vibration Source Levels for Construction Equipment4 Equipment PPV at 25 ft. (in/sec) PPV at 200 ft. (in/sec) Clam shovel drop 0.202 0.009
Hydromill (slurry wall) in soil 0.004 0.0004
in rock 0.008 0.001
Vibratory Roller 0.210 0.009
Hoe Ram 0.089 0.004
Large bulldozer 0.089 0.004
Caisson drilling 0.089 0.004
Loaded trucks 0.076 0.003
Jackhammer 0.035 0.002
Small bulldozer 0.003 0.0001
Mitigation 4: None Required
Impact 5: Construction Noise. Noise levels generated by project construction activities would temporarily elevate ambient noise levels at sensitive land uses in the vicinity. Major noise generating construction activities would be limited to less than one construction season or less. This is a less-than-significant impact.

The construction of the project would generate noise and would temporarily increase noise levels at adjacent residential receivers. Noise impacts resulting from construction depend on the noise generated by various pieces of construction equipment operating on site, the timing and duration of noise generating activities, and the distance between construction noise sources and noise sensitive receptors. Construction of the project would involve site improvements, such as the establishment of utilities, excavation of foundations, building erection, paving, and landscaping along with home construction. The hauling of excavated material and construction materials would generate truck trips on local roadways.

Construction activities are typically carried out in stages. During each stage of construction, there would be a different mix of equipment operating. Construction noise levels would vary by stage and vary within stages based on the amount of equipment in operation and location where the equipment is operating. Typical noise levels which during the construction of housing at 50 feet are shown in Table 6, which gives the average noise level ranges by construction phase. Site work and residential construction noise ranges from 65 to 88 dBA at 50 feet from the source.

The nearest noise sensitive uses will be 120 to 200 feet from close-in on-site work and home construction. Average noise levels produced by work at this distance would range from 74 to 88 dBA. Construction activities at these distances would range from 73 to 90 dBA, with average levels of 75 to 78 dBA. These noise levels drop off at a rate of about 6 dBA per doubling of distance between the noise source and receptor, such that noise levels produced during most site construction activities, which would occur at distances of 400 feet or more from adjacent noise sensitive uses, would produce average noise levels of 71 dBA or less. 4 Transit Noise and Vibration Impact Assessment, United States Department of Transportation, Office of Planning and Environment, Federal Transit Administration, May 2006.
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TABLE 6: Typical Ranges of Leq Construction Noise Levels at 50 Feet, dBA Construction
Stage
Domestic
Housing
Office Building, Hotel, Hospital,
School, Public Works
Public Works Roads &
Highways, Sewers, and Trenches

I II I II I II
Ground Clearing 83 83 84 84 84 84
Excavation 88 75 89 79 88 78
Foundations 81 81 78 78 88 88
Erection 81 65 87 75 79 78
Finishing 88 72 89 75 84 84
I - All pertinent equipment present at site, II - Minimum required equipment present at site.

Source: U.S.E.P.A., Legal Compilation on Noise, Vol. 1, p. 2-104, 1973.

Construction of the project is expected to take less than 1 year to complete. Based on this timetable, the construction noise levels at various distances discussed above, and a consideration that once intervening structures are built, they would provide some degree of noise attenuation at the surrounding residences, we expect that the existing residences adjacent to the project site would not be exposed to construction related noise levels exceeding 60 dBA Leq for a period of greater than one year.

The following standard “best practice” controls from Action N1h as contained in Policy N 1.15 of the City General Plan are assumed to be included in the project:
• Noise‐generating construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to between the hours of 7:00 am and 7:00 pm on weekdays and 9:00 am and 5:00 pm on Saturdays (if allowed through specific project conditions of approval). No construction shall occur on Sundays or holidays. • All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. • The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
• At all times during project grading and construction, stationary noise-­‐generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences.
• Unnecessary idling of internal combustion engines shall be prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction related noise sources and noise-­‐sensitive receptors nearest the project site during all project construction. • The required construction related noise mitigation plan shall also specify that haul truck deliveries are subject to the same hours specified for construction equipment. • Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
• The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.

With the implementation of these controls, and the limited duration of the noise generating construction at the adjacent noise sensitive uses, the substantial temporary increase in ambient noise levels associated with construction activities would be less-than-significant.

Mitigation Measure 5: No additional measures required.
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July 23, 2024
Ms. Heather Gurewitz
M-Group
1275 4th St., #265
Santa Rosa, CA 95401
Transportation Impact Study for the Cotati Village 2 Project Dear Ms. Gurewitz;
As requested, W-Trans has prepared an analysis of the potential transportation impacts and adverse traffic operational effects that would be associated with development of 126 proposed multifamily housing units, thirteen of which would be designated as affordable, as well as a 2,250 square foot cafe to be located on the west side of Alder Avenue north of SR-116 in the City of Cotati. The traffic study was completed in accordance with the criteria established by the City and is consistent with standard traffic engineering techniques.

Existing Conditions
The study area consists of Alder Avenue, which runs along the frontage of the project site as well as the intersections of SR-116/Alder Avenue and SR-116/W. Cotati Avenue. Alder Avenue runs north-south and is classified as a local street. Along the project frontage, the road has two travel lanes, of which the northbound lane is 13 feet wide and the southbound lane is 10 feet wide with a painted Class II bike lane for 170 feet north of the intersection with SR-116. Traffic counts obtained on Alder Avenue on Tuesday, May 7, 2024, indicate that the roadway is carrying approximately 900 vehicles per day.

Project Description
The project as proposed includes two parcels. The northern portion of the site is currently vacant and would be developed with 126 residential units, including thirteen affordable units, as well as a café. The southern portion of the site currently includes a cannabis dispensary and a pizza restaurant, which will remain. The project site is located in the CG (Commercial, Gravenstein Corridor) Zoning District. The zoning code allows for a density of 15 units per acre, which would allow for 84 units; but by providing 15 percent of the required residential units (13 units) to very low-income households, the project is eligible under the State Density Bonus Law for a density bonus of 50 percent.

Collision History
The collision history for the study area was reviewed to determine any trends or patterns that may indicate a safety issue. Collision rates were calculated based on records available from the California Highway Patrol as published in their Statewide Integrated Traffic Records System (SWITRS) reports. The most current five-year period available is October 1, 2018, through September 30, 2023.

As presented in Table 1, the calculated collision rates for the existing study intersections were compared to average collision rates for similar facilities statewide, as indicated in 2021 Collision Data on California State Highways, California Department of Transportation (Caltrans). These average rates statewide are for intersections in the same environment (urban, suburban, or rural), with the same number of approaches (three or four), and the same controls (all-way stop, two-way stop, or traffic signal). The study intersections have collision rates below or nominally above the statewide average, indicating that there are no apparent operational safety concerns. The collision rate calculations are enclosed.
414 13th Street, 5th Floor Oakland, CA 94612 510.444.2600 w-trans.com SANTA ROSA • OAKLAND
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Ms. Heather Gurewitz Page 2 July 23, 2024
Table 1 – Collision Rates for the Study Intersections
Study Intersection Number of
Collisions
(2018-2023)
Calculated
Collision Rate
(c/mve)
Statewide
Average
Collision Rate
(c/mve)

1. SR-116/Alder Ave 5
1 0.15

0.03 0.13

2. SR-116/W Cotati Ave 0.13
Note: c/mve = collisions per million vehicles entering
Trip Generation
The anticipated trip generation for the proposed project was estimated using standard rates published by the Institute of Transportation Engineers (ITE) in Trip Generation Manual, 11th Edition, 2021, for Multifamily Housing (Mid-Rise) Not Close to Transit (LU #221), and Coffee/Donut Shop without Drive-Through Window (LU #936) as these descriptions most closely match the proposed project. Since no daily trip rate was available for LU #936, the rate for a Coffee/Donut Shop with Drive-Through Window (LU #937) was applied to estimate the number of daily trips as this was the most similar use available and the number of peak hour trips is similar.

Internal Capture Trips
The Trip Generation Manual also includes data and methodologies that can be applied to determine the proportion of internal trips that may occur within a development area that includes a variety of land uses. Internal trips occur at mixed-use developments, and in the case of the proposed project, would consist of new and existing nearby residents patronizing the adjacent cafe. The majority of these trips would be made by walking, and the few that would be made by automobile would not affect the study intersection. Copies of the spreadsheets indicating the derivation of the internal capture rates are enclosed along with the projected trip generation of the proposed project.

Diverted Link Trips
A substantial portion of the traffic associated with the café component of the project would be drawn from existing traffic on nearby streets. These vehicle trips are considered “non-primary” as the drivers who are already driving by the site or on the nearby streets to arrive at their “primary” destinations choose to make an interim stop at the proposed cafe. These “non-primary” trips are referred to as “pass-by” if they originated on a street adjacent to the project site, and “diverted link” if the trip originated on a roadway near the project site but require routing through additional streets to access the site. Since rates are not available for diverted link trips, rates for pass-by trips from the Trip Generation Manual are typically used to estimate the number of diverted link trips. The pass-by rates for drive-through coffee shop in the a.m. and p.m. peak periods are 90 percent and 98 percent, respectively; no rate is available for a coffee shop without a drive-through window. Since westbound traffic would be able to access the site more easily and a coffee shop is present off the south side of SR-116 near the Redwood Drive intersection, these rates were reduced to 45 percent during the a.m. peak and 49 percent during the p.m. peak.

Total Project Trip Generation
Based on application of these rates and taking into account internal capture and diverted link trips, the proposed project is expected to generate an average of 1,180 net new trips per day, including 157 a.m. peak hour trips and 82 trips during the p.m. peak hour. These results are summarized in Table 2. 1055 of 1220
Ms. Heather Gurewitz Page 3 July 23, 2024
Table 2 – Trip Generation Summary
Land Use Units Daily AM Peak Hour PM Peak Hour
Rate Trips Rate Trips In Out Rate Trips In Out
Proposed
Coffee/Donut Shop
Internal Capture
Subtotal

2.250 ksf 533.57* 1,201 93.08 209 107 102 32.29 73
-3
36 -1
37 -34 -3 -2 -1 -2
1,167 206 105 101 70 35 35
Diverted Link
Total
-525** -45% -93 -47 -46 -49% -34 -17 -17
642
572
113 58 55 36
49 -3
18 30
-2
18 19
-1
Multifamily Residential
Internal Capture
126 du 4.54 0.37
-6%
47 -3
11 36
-1 -2

0.39 -34** -6%
Total Project Trip Generation 1,180 157 68 89 82 46 36
Note: du = dwelling unit; ksf = 1,000 square feet; * Rate is for Coffee/Donut Shop with Drive-Through Window; ** Daily internal trips and diverted link estimated using the average percentages for the a.m. and p.m. peak hours Trip Distribution
The pattern used to allocate new project trips to the street network was determined based on a review of existing turning movements at the study intersections, observations of neighborhood travel circulation, and knowledge of traffic patterns in the area and surrounding region. Data previously collected at the existing housing on Alder Avenue indicates that residents will travel out of their way to use Helman Lane and Redwood Drive to access eastbound Gravenstein Highway via the signalized intersection, though given the proximity of this site to Gravenstein Highway, a smaller portion of trips were assumed to take this longer route. This route was applied to an additional 20 percent of outbound trips only as trips inbound from Gravenstein Highway east of the site could simply be made by turning right at Alder Avenue. The applied distribution assumptions and resulting trips are shown in Table 3.

Table 3 – Trip Distribution Summary
Route Percent
In/Out
30/50%
25%
Daily
Trips
AM Trips PM Trips
In
20 17
31 68
Out In Out
18 9
Alder Ave/Helman Ln 472
295
45 22
22 89
14 12
21 46
Gravenstein Hwy (West of Alder Ave)
Gravenstein Hwy (East of Alder Ave)
TOTAL
45/25%
100%
413 9
1,180 36
For the purposes of the operational analysis, it was additionally assumed that for the diverted trips to and from the cafe, 80 percent would be traveling westbound on Gravenstein Highway and would make a right-turn in and out at Alder Avenue. The remaining 20 percent would be traveling eastbound on Gravenstein Highway and would make left turns in and out at Alder Avenue.

Alternative Modes
Pedestrian Facilities
Pedestrian facilities include sidewalks, crosswalks, pedestrian signal phases, curb ramps, curb extensions, and various streetscape amenities such as lighting, benches, etc. In general, access for pedestrians is limited within the 1056 of 1220
Ms. Heather Gurewitz Page 4 July 23, 2024
vicinity of the proposed project site due to large gaps in the sidewalk system. These existing gaps and obstacles along the connecting roadways impact convenient and continuous access for pedestrians and present safety concerns in those locations where appropriate pedestrian infrastructure would address potential conflict points. •
•
Alder Avenue – Sidewalk coverage is currently provided along the west side of Alder Avenue for approximately 150 feet north of SR-116 and on the east side of Alder Avenue from SR-116 to the City limits north of Ford Lane; pedestrian-scale lights are provided. No sidewalk coverage or lighting is provided between Helman Lane and the Cottages, the small residential complex across from the project site. In general, Alder Avenue is a rural street that provides access to the Cottages. Rural streets typically contain minimal sidewalk coverage and lighting.

SR-116 – There are no existing sidewalks along the project frontage. Sidewalk coverage is provided on both sides of SR-116 east of Redwood Drive and on the properties adjacent to the Redwood Drive intersection.

West of Redwood Drive, including along the project frontage, pedestrian access is available along the roadway shoulders. Lighting is provided by overhead streetlights, which are more prevalent east of Redwood Drive.

Crosswalks are proposed at SR-116/West Cotati Avenue as part of the West Cotati Realignment project.

Additionally, the Cotati Active Transportation Plan, 2024, proposes new sidewalks to eliminate the gaps on West Cotati Avenue between SR-116 and Cotati Oaks Court.

As part of the project, a Class I multi-use path is proposed along the project frontage on SR-116 as well as on the west side of the project site. Additionally, a sidewalk would be built along the Alder Avenue frontage on the east side of the project site. These facilities along the project frontage would improve pedestrian access to and from the site.

Pedestrian Safety
The collision history for the study area was reviewed to determine any trends or patterns that may indicate a safety issue for pedestrians in the vicinity of the project site. For the same five-year study period used for the vehicle collision analysis of October 1, 2018, through September 30, 2023, there were no reported collisions involving pedestrians at the study intersections indicating that there are no readily apparent existing safety issues for pedestrians.

Project Impacts on Pedestrian Facilities
Given the proximity of commercial and residential destinations near the site, it is reasonable to assume that some project patrons and employees would want to walk, bicycle, and/or use transit to reach the project site. Upon construction of the Class I paths, sidewalks, and crosswalks along the project frontages on SR-116 and along the internal project streets, the project site would be connected to the pedestrian facilities that currently exist near the site. A network of sidewalks and crosswalks would be provided throughout the project site, resulting in connected on-site pedestrian circulation. The project includes a Class I multi-use path along the SR-116 frontage to provide pedestrian and bicycle access. With the completion of a Class I path along the frontage of the approved Cotati Village 1 project on the east side of Alder Avenue and the anticipated requirement for a similar facility along the proposed Redwood Row project to the east of Cotati Village 1, the project would be connected to the larger pedestrian network.

Finding – Upon constructing the Class I path along the project frontage on SR-116 and the west side of the project frontage, as well as sidewalks along the east side of the project frontage, the project site would be connected to the existing pedestrian network and circulation for pedestrians in the area would be improved, though still inadequate. Planned future improvements to be constructed as part of other developments or by the City would provide adequate pedestrian facilities.

Bicycle Facilities
The Highway Design Manual, Caltrans, 2017, classifies bikeways into four categories:
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• Class I Multi-Use Path – a completely separated right-of-way for the exclusive use of bicycles and pedestrians with cross flows of motorized traffic minimized.
•
•
Class II Bike Lane – a striped and signed lane for one-way bike travel on a street or highway.

Class III Bike Route – signing only for shared use with motor vehicles within the same travel lane on a street or highway.
• Class IV Bikeway – also known as a separated bikeway, a Class IV Bikeway is for the exclusive use of bicycles and includes a separation between the bikeway and the motor vehicle traffic lane. The separation may include, but is not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking.

The Cotati Active Transportation Plan also includes Class IIIB Bicycle Boulevards, which include traffic calming measures on low-volume, low-speed, local streets.

In the project area, a Class I path exists on Commerce Boulevard between the Laguna de Santa Rosa Trail and Enterprise Drive in the City of Rohnert Park, and the Laguna de Santa Rosa Trail extends from Commerce Boulevard to East Cotati Avenue. A Class II bike lane is planned on Madrone Place next to Thomas Page Academy. Class II bike lanes exist on SR-116, Old Redwood Highway, Redwood Drive, Commerce Boulevard, and for a short (less than 100 feet) segment of Alder Avenue north of SR-116, and are planned on Richardson Lane and West Cotati Avenue.

Bicyclists ride in the roadway and/or on sidewalks along all other streets within the project study area. Table 4 summarizes the existing and planned bicycle facilities in the project vicinity, as contained in the Cotati Active Transportation Plan.

Table 4 – Bicycle Facility Summary
Status
Facility
Class Length
(miles)
Begin Point End Point
Existing
Alder Ave II
II

0.02 0.10

0.60 0.50

0.25 0.34

0.16 North of SR-116
Old Redwood Hwy
Cotati City Limits
US 101
SR-116
Cotati City Limits
SR-116
Commerce Blvd
Redwood Dr II
Old Redwood Hwy
SR-116
II E Cotati Ave
Old Redwood Hwy
W Cotati Oaks Ct
End
II Redwood Dr
West Cotati Ave SR-116
Gilman Ranch Rd
III
III W Cotati Ave
Planned
Tompkins Rd Trail
SR-116
I
I

0.06 0.80

0.15 0.74

0.28 0.16

0.43 Richardson Ln
Redwood Dr
SR-116
Gilman Ranch Dr
Cotati City limits
Cotati City limits
W Sierra Ave
Cotati City limits
End
New North-South Street
School St
II
II Richardson Ln
Derby Ln IIIB SR 116
IIIB
IIIB
Gilman Ranch Rd
West Cotati Ave
W Cotati Ave
SR-116 Maple Ave
Source: Cotati Active Transportation Plan, 2024
Bicyclist Safety
Collision records for the study area were reviewed to determine if any bicyclist-involved crashes were reported.

During the five-year study period between October 1, 2018, and September 30, 2023, there were no reported 1058 of 1220
Ms. Heather Gurewitz Page 6 July 23, 2024
collisions involving bicyclists at any of the study intersections indicating that there are no readily apparent safety issues for cyclists.

Project Impacts on Bicycle Facilities
The project includes a Class I facility to be constructed along the SR-116 frontage and on the west side of the project site to provide access for pedestrians and bicyclists and connect to future facilities along adjacent properties. These facilities, along with planned facilities and existing bicycle lanes and minor streets in the vicinity of the project site would provide adequate access for bicyclists.

Finding – Facilities to be constructed as part of the project, in addition to existing bicycle facilities, including bicycle lanes on SR-116, and shared use of minor streets provide adequate access for bicyclists.

Transit Facilities
Sonoma County Transit (SCT) provides fixed route bus service in the City of Cotati. SCT Local Routes 12 and 14 provide loop service to destinations throughout Cotati and Rohnert Park and stop on Houser Street and Redwood Drive. Route 26 runs between Mirabel Park to the west and Sonoma State University to the east and stops on Highway 116 at Alder Avenue.

Golden Gate Transit provides a regional bus service along the US 101 corridor between Santa Rosa and San Francisco with a stop at Old Redwood Highway/St Joseph Way, approximately one-half mile from the project site.

Existing transit routes and their operation are summarized in Table 5.

Table 5 – Transit Routes
Transit
Agency
Route
Distance
to Stop
(mi)1
Service
Time
Connection
Days of
Operation
Frequency
Sonoma County Transit
Route 12 0.9 Mon – Fri
Sat
6:25 a.m. – 6:10 p.m.
9:10 a.m. – 4:20 p.m.

0.75 – 1.75
hours
Houser St/Redwood Dr to
Northern Rohnert Park

1.75 hours
Route 14 0.9

0.0 0.0
Mon – Sat 7:45 a.m.
8:04 a.m.

Once a day
Once a day
Once a day
Houser St/Redwood Dr to
Northern Rohnert Park
Route 26 EB
Route 26 WB
Mon – Fri
(School Days)
Hwy-116/Alder Ave to
Sonoma State University
Mon – Fri
(School Days)
3:53 p.m. Hwy-116/Alder Ave to
Mirabel Park
Golden Gate Transit
Route 101 NB
Route 101 SB

0.6 0.6
Mon – Sun 8:00 a.m. – 1:00 a.m. 1 – 1.25 hours Old Redwood Hwy/St Joseph Wy to Santa Rosa
Mon – Sun 4:00 a.m. – 10:00 p.m. 1 – 1.25 hours Old Redwood Hwy/ St Joseph Wy to SF
Note: 1 Defined as the shortest walking distance between the project site and the nearest bus stop; SF = San Francisco Source: www.sctransit.com, www.goldengate.org
Two or three bicycles can be carried on the front of all SCT buses. Bike rack space is on a first come, first served basis. Riders are responsible for loading and unloading their bicycles. 1059 of 1220
Ms. Heather Gurewitz Page 7 July 23, 2024
Dial-a-ride, also known as paratransit, or door-to-door service, is available for those who are unable to independently use the transit system due to a physical or mental disability. SCT Paratransit is designed to serve the needs of individuals with disabilities within three quarters of a mile of their fixed-route transit services within Cotati and Sonoma County.

Project Impact on Transit Facilities
The proposed project would be expected to create demand on the nearby transit routes. Existing stops served by SCT Route 26 are within an acceptable walking distance of the site, but there is no existing crosswalk or any pedestrian facilities for residents who wish to walk to the eastbound Route 26 stop, located directly south of the proposed project site.

Finding – Existing transit facilities serving the project site are not adequate due to the lack of pedestrian facilities available to reach the transit stops.

Recommendation – The City may wish to work with Sonoma County Transit to determine the preferred bus stop locations for Route 26 in the vicinity of Alder Avenue, given that Cotati Village 2 is proposed in addition to the adjacent Cotati Village 1 and Redwood Row projects. If the SR-116/Alder Avenue intersection is to be signalized, a crosswalk could be added at this location and the existing bus stops upgraded to meet ADA requirements. If it is determined that the bus stop should be relocated to the SR 116/West Cotati Avenue intersection, improvements at the existing stop locations would be unnecessary, as new ADA-compliant bus stops would be recommended to replace them.

Vehicle Miles Traveled (VMT)
The potential for the project to conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b) was evaluated based the project’s anticipated Vehicle Miles Traveled (VMT). Senate Bill (SB) 743 established the change in Vehicle Miles Traveled (VMT) as a result of a project as the basis for determining California Environmental Quality Act (CEQA) impacts with respect to transportation and traffic.

The project-related VMT was assessed by applying the City of Cotati’s Guidelines for Analysis of Vehicle Miles Traveled (VMT), adopted in September 2020. The California Governor’s Office of Planning and Research (OPR) publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, was also referenced. Per the City’s policy, VMT for mixed use projects was assessed by applying the significance threshold for each use.

Residential VMT
For residential projects, VMT is assessed using vehicle miles traveled per capita as estimated in the Sonoma County Transportation Authority (SCTA) travel demand model. VMT per capita measures home-based trips, or trips that have the place of residence as one of the trip ends. Based on data from the February 2022 update of the SCTA model, the City of Cotati has a baseline average residential VMT of 18.3 miles per capita. Applying the City guidelines, a residential project generating a VMT that is 15 percent or more below this value, or 15.5 miles per capita or less, would have a less-than-significant VMT impact. The SCTA model includes traffic analysis zones (TAZ) covering geographic areas throughout Sonoma County, and the Cotati Village project site is located within TAZ 425, which has a baseline VMT per capita of 20.2 miles. For the project to achieve the applied VMT significance threshold of 15.5 miles per capita, its VMT would need to be 23.2 percent lower than the average for the project TAZ.

The VMT associated with a development project is influenced by factors including density and the provision of onsite affordable housing. The publication Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, California Air Pollution Control Officers Association (CAPCOA), 2021, includes a methodology to determine the VMT reductions associated with increases in residential density, using conventional single-family home development as a baseline. The reduction associated with project 1060 of 1220
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density was estimated using the same approach recommended by City staff for the Cotati Village 1 project. The density was calculated based on the developable land rather than total acreage for both the Cotati Village 2 site and the nearby 46-unit Cotati Cottages project, which makes up approximately 90 percent of the existing residential development in the TAZ. Portions of both developments used for internal streets were excluded from the analysis, as was the already-developed portion of the Cotati Village 2 site. To provide a conservative VMT analysis for Cotati Village 2, the acreage included the area occupied by the residential buildings as well as the commercial buildings and the common space with the pool and clubhouse; since the total assumed acreage of the site would therefore be higher for the same number of residential units, this in effect reduces the estimated density of the project. Diagrams of the areas included in the density calculations are enclosed. The area of the surface parking was also included in the estimate of developable land for both projects.

Since Cotati Cottages makes up such a large portion of the existing residential development for the project TAZ, its density was used as a proxy for the density of the entire zone. According to the SCTA travel demand model, there are eight other residential units in the TAZ, all of which are on parcels larger than one acre. To provide a conservative estimate of the residential density, these low-density parcels were excluded from this analysis.

Applying these assumptions, the density of Cotati Village 2 is 46.3 units per developed acre, while the density of the TAZ is 21.4 units per developed acre. As calculated using the SCTA VMT tool, the proposed density for Cotati Village would allow for a VMT reduction of 25.6 percent.

The SCTA VMT tool also provides for VMT reductions based on the inclusion of affordable units as part of residential projects, as affordable units have been found to produce lower levels of VMT. Cotati Village 2 would designate 10 percent of its total units as affordable, which reduces VMT by 2.9 percent based on the SCTA VMT tool.

Applying the calculated densities of the Cotati Village project and the TAZ to the SCTA VMT tool and factoring in the affordable housing component of the project, the project’s estimated VMT can be reduced by 27.7 percent (this is less than the sum of the density and affordable housing reductions because the SCTA VMT tool applies a dampening factor to avoid double counting). This is greater than the 23.2 percent reduction needed to achieve a less-than-significant impact for the project. Therefore, applying the modified methodology for evaluating VMT, it was determined that the VMT impact for Cotati Village would be less than significant.

Table 6 – Vehicle Miles Traveled Analysis Summary – Residential Component VMT Metric Baseline
VMT Rate
Significance
Threshold
Project
VMT Rate
Resulting
Significance
Residential VMT per Capita
(Citywide Baseline) 18.3 15.5 14.6 Less than Significant Note: VMT Rate is measured in VMT/Capita, or the number of daily miles driven per resident Retail VMT
The City VMT guidelines state that a retail project is considered to have a significant VMT impact if it would result in a net increase in regional total VMT. The policy notes that local-serving retail up to 10,000 square feet would be screened from VMT analysis. The OPR guidance recommends screening local-serving retail from VMT analysis since they introduce a greater mix of services into the urban fabric, resulting in improved proximity of retail to many residents and thereby resulting in shorter trips and a reduction in total VMT. By contrast, regional-serving retail uses would tend to draw customers from longer distances, thereby increasing VMT.

The project as proposed would include a 2,250 square foot café. Given the size of this use and the location of the site, it is expected that the café would be local-serving, as it would primarily cater to residents of the project and other existing and future residents within walking distance of the site as well as drivers traveling along SR-116.

Since the proposed retail uses would be local serving, it is assumed that they would not result in an increase in total VMT and could therefore be screened from a more detailed VMT analysis. 1061 of 1220
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Finding – The project’s VMT impact for both the residential and retail portions of the project would be expected to be less than significant.

Safety Issues
Site Access
The project site would be accessed via two driveways on Alder Avenue. The southern driveway would be the west leg of the future Batchelor Lane intersection, located approximately 250 feet north of SR-116, while the northern driveway would be an additional west leg of the Alder Avenue/Ford Lane intersection, located approximately 530 feet north of SR-116
Sight Distance
Sight distances along Alder Avenue at the project access points were evaluated based on sight distance criteria contained in the Highway Design Manual published by Caltrans. The recommended sight distance at intersections of public streets is based on corner sight distances, with more sight distance needed for making a left turn versus a right turn, while recommended sight distances for minor street approaches that are either a private road or a driveway are based on stopping sight distance. Both use the approach travel speeds as the basis for determining the recommended sight distance.

Alder Avenue has a speed limit of 35 mph, which corresponds to a minimum corner sight distance of 390 feet for left turns and 335 feet for right turns. Sight distances were evaluated at the new proposed access points on Alder Avenue. The proposed southern access point has measured sight distances of about 385 feet to the north and 350 feet to the south. The sight distance to the south is inadequate for the posted speed limit. Using traffic speeds measured at the proposed entrance the road was determined to have an 85th percentile speed of 29 mph in both directions. Rounding this speed up to 30 mph to present a conservative analysis the entrance would need a sight distance of 290 feet to the north and 330 feet to the south for a driver to complete a left turn. This driveway would therefore have adequate sight distances.

Sight lines at the northern driveway were measured at about 335 feet to the north and over 445 feet to the south, both of which are adequate for the posted speed limit.

Sight lines should be kept free of signs, structures, and tall landscaping, and any new trees associated with the project should be carefully located to avoid placement within sight triangles. Landscaping planted in the vision triangle should be low-lying or above seven feet and maintained to remain outside the area needed for adequate sight lines.

Finding – Sight lines are adequate at both proposed entrances based on the prevailing speed and/or posted speed limit.

Recommendation – Adequate sight lines should be maintained during the design and construction of project access points, and the placement of any signs, structures, or tall landscaping on Alder Avenue or SR-116 that would impede sight lines should be avoided.

Access Analysis
Left-Turn Lane Warrants
The need for a left-turn lane from eastbound SR-116 onto Alder Avenue was evaluated based on criteria contained in the Intersection Channelization Design Guide, National Cooperative Highway Research Program (NCHRP) Report No. 279, Transportation Research Board, 1985, as well as an update of the methodology developed by the Washington State Department of Transportation and published in the Method for Prioritizing Intersection Improvements, January 1997. The NCHRP report references a methodology developed by M. D. Harmelink that 1062 of 1220
Ms. Heather Gurewitz Page 10 July 23, 2024
includes equations that can be applied to expected or actual traffic volumes to determine the need for a left-turn pocket based on safety issues.

An eastbound left-turn lane is warranted and required for the approved Cotati Village 1 project as a condition of occupancy if the SR-116/West Cotati Avenue intersection realignment and signalization is not completed. As Cotati Village 2 would be further increasing the number of trips to the network, there would be an even greater need for the left-turn lane. If Cotati Village 2 were to be constructed before Cotati Village 1 or if Cotati Village 1 is not constructed until after the SR-116/West Cotati Avenue intersection is realigned and signalized, this project should be required to provide the eastbound left-turn lane.

Left-turn Lane Design Requirements
The projected maximum left-turn queue lengths were determined using a methodology contained in “Estimating Maximum Queue Length at Unsignalized Intersections,” John T. Gard, ITE Journal, November 2001. Using Baseline plus Project volumes, the maximum eastbound left-turn queue on SR-116 at Alder Avenue would be no more than two vehicles, so it is recommended that the storage be based on two passenger cars, or 50 feet. Copies of the queue length calculations are enclosed.

Finding – An eastbound left-turn lane at the intersection of SR-116/Alder Avenue was determined to be warranted for the approved Cotati Village 1 project and is required as a condition of approval. If the Cotati Village 1 project does not provide the left-turn lane before this project is constructed, this project should be required to provide the eastbound left-turn lane.

Recommendation – If the approved Cotati Village 1 project does not provide the eastbound left-turn lane on SR116, Cotati Village 2 should be required to construct a pocket with a minimum of 50 feet of storage. The planned widening of SR-116 would provide the storage needed for the left-turn lane as well as additional through lanes and could be completed either as part of the project or through the project’s Transportation Impact Fee (TIF) contribution; it is a matter of City policy to determine how this improvement is to be funded.

Emergency Access
Adequacy of Site Access
Access to the project site for emergency response vehicles would be facilitated via two driveways on Alder Avenue. According to the site plan, the southern and northern driveways would be designed to a width of 20 feet and 26 feet, respectively, which meets Municipal Code standards. It is anticipated that all aspects of the site, including driveway and street widths, turning radii, and parking lot circulation, would be constructed in accordance with applicable standards and would be reviewed by the Fire Department; therefore, access would be expected to function acceptably for emergency response vehicles.

Off-Site Impacts
While the project would be expected to result in a minor increase in delay for traffic on SR-116 and Alder Avenue, emergency response vehicles can claim the right-of-way by using their lights and sirens; therefore, the project would be expected to have a nominal effect on emergency response times. The availability of two access points is also a benefit for emergency access since a different driveway could be used to gain access to the site should one of the driveways be compromised in an emergency.

Finding – Emergency access and circulation are anticipated to function acceptably, and traffic from the project is expected to have a less-than-significant impact on emergency response times. 1063 of 1220
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Capacity Analysis
Intersection Level of Service Methodologies
Level of Service (LOS) is used to rank traffic operation on various types of facilities based on traffic volumes and roadway capacity using a series of letter designations ranging from A to F. Generally, Level of Service A represents free flow conditions and Level of Service F represents forced flow or breakdown conditions. A unit of measure that indicates a level of delay generally accompanies the LOS designation.

The study intersections were analyzed using methodologies published in the Highway Capacity Manual (HCM), Transportation Research Board, 2018. This source contains methodologies for various types of intersection control, all of which are related to a measurement of delay in average number of seconds per vehicle.

The Levels of Service for the study intersections, which currently have side street stop controls, were analyzed using the “Two-Way Stop-Controlled” intersection capacity method from the HCM. This methodology determines a level of service for each minor turning movement by estimating the level of average delay in seconds per vehicle.

Results are presented for individual movements together with the weighted overall average delay for the intersection.

The study intersections that are to be controlled by a traffic signal in the future were evaluated using the signalized methodology from the HCM. This methodology is based on factors including traffic volumes, green time for each movement, phasing, whether the signals are coordinated or not, truck traffic, and pedestrian activity. Average stopped delay per vehicle in seconds is used as the basis for evaluation in this LOS methodology. For purposes of this study, delays were calculated using optimized signal timing.

The ranges of delay associated with the various levels of service are indicated in Table 7.

Table 7 – Intersection Level of Service Criteria
LOS Two-Way Stop-Controlled Signalized
A Delay of 0 to 10 seconds. Gaps in traffic are readily available for drivers exiting the minor street.

Delay of 0 to 10 seconds. Most vehicles arrive
during the green phase, so do not stop at all.

B
C
Delay of 10 to 15 seconds. Gaps in traffic are
somewhat less readily available than with LOS A, but with LOS A, but many drivers still do not have to no queuing occurs on the minor street.

Delay of 10 to 20 seconds. More vehicles stop than
stop.

Delay of 15 to 25 seconds. Acceptable gaps in traffic
are less frequent, and drivers may approach while
another vehicle is already waiting to exit the side
street.

Delay of 20 to 35 seconds. The number of vehicles
stopping is significant, although many still pass
through without stopping.

D
E
Delay of 25 to 35 seconds. There are fewer acceptable Delay of 35 to 55 seconds. The influence of gaps in traffic, and drivers may enter a queue of one or congestion is noticeable, and most vehicles have to two vehicles on the side street. stop.

Delay of 35 to 50 seconds. Few acceptable gaps in
traffic are available, and longer queues may form on
the side street.

Delay of 55 to 80 seconds. Most, if not all, vehicles
must stop and drivers consider the delay excessive.

F Delay of more than 50 seconds. Drivers may wait for
long periods before there is an acceptable gap in
Delay of more than 80 seconds. Vehicles may wait
through more than one cycle to clear the
traffic for exiting the side streets, creating long queues. intersection.

Reference: Highway Capacity Manual, Transportation Research Board, 2018 1064 of 1220
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Traffic Operation Standards
According to the Cotati General Plan, Policy C1 1.3, the minimum acceptable Level of Service (LOS) standard for intersections is LOS D. At unsignalized intersections, levels of service shall be determined for both controlled movements and for the intersection overall. A significant traffic-related impact would occur if implementation of the project would cause an intersection to operate below the General Plan’s standard of LOS D, or LOS E for intersections within the boundaries of the Downtown Specific Plan.

At unsignalized intersections, controlled movements operating at LOS E or LOS F are allowable if 1) the intersection is projected to operate at LOS C or better overall, and 2) the projected traffic volume on the controlled movement is 30 vehicles or fewer per hour on approaches with single lanes, or on multi-lane approaches, 30 vehicles or fewer per hour on lanes serving left turns and through movements.

Existing Conditions
The Existing Conditions scenario provides an evaluation of current operation based on existing traffic volumes during the a.m. and p.m. peak hours. This condition does not include project-generated traffic volumes. Volume data was collected while local schools were in session. Under Existing Conditions, both study intersections operate at LOS A overall and at LOS C on the minor street approaches, which is considered acceptable. A summary of the intersection Level of Service calculations is contained in Table 8, and copies of the calculations are enclosed.

Table 8 – Existing Peak Hour Intersection Levels of Service Study Intersection AM Peak
Delay
PM Peak
Approach LOS Delay
A
LOS

1. SR-116/Alder Ave 0.7 A

19.5 0.5

0.8 22.2

0.9 Southbound (Alder Ave) Approach

2. SR-116/W Cotati Ave
Northbound (W Cotati Ave) Approach
C C
A A

18.1 C 17.7 C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics
Baseline Conditions
Baseline (Existing plus Approved) operating conditions were determined with traffic from approved or pending projects in the study area that could be operational within the next five years added to the existing volumes. It is noted that the City has required as a condition of occupancy for the Cotati Village 1 project that an eastbound leftturn lane would be provided at the SR-116/Alder Avenue intersection if the SR-116/W. Cotati Avenue intersection realignment and signalization is not complete. In addition, Cotati Village 1 was required to install separate leftturn and right-turn lanes on the southbound Alder Avenue approach. For purposes of this analysis, it was assumed that the SR-116/W. Cotati Avenue intersection realignment and signalization would not be complete prior to occupancy of Cotati Village 1 so the eastbound left-turn lane at the Alder Avenue intersection will have been constructed as part of that project.

As directed by City staff, the following projects were included in the Baseline Conditions scenario:
•
•
Cotati Hotel, 153 rooms, to be located at the northwest corner of Old Redwood Highway/Saint Joseph Way; Cotati Village 1, 177 residential units and 4,700 square feet of retail spaces to be located at the northeast corner of SR 116 and Alder Avenue;
•
•
Redwood Row, 157 multifamily units and 10,500 square feet of retail, located on SR-116 on the property to the east of Cotati Village;
Market Hall, 5,650 square feet, to be located at the northwest corner of Old Redwood Highway/Saint Joseph Way;
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• The trip generation rates and trip distribution patterns applied in the traffic studies prepared by W-Trans and TJKM for the projects were used for the Baseline scenario; it is noted that some of the rates differ slightly from those in the 11th Edition of Trip Generation Manual as some reports were written before this edition was published. The trip generation potential of the approved projects is summarized in Table 9.

Table 9 – Trip Generation for Approved Projects
Land Use
Deduction
Units

4.7 ksf
177 du
Daily AM Peak Hour PM Peak Hour
Rate Trips Rate Trips In Out Rate Trips In Out
15 -9
Strip Retail Plaza
Pass-By

54.45 -20%

6.74 256
-51

2.36 11
-7
7 4
-3

6.59 31 16
-10
57 35
50 47
17 -3
-40% -4 -40% -19
MF Housing (Low-Rise)
Retail
1,193 0.40
572 2.36
71 25
63 72
14 -2
17 15
15 42
8 54
10 48
30 6

0.51 6.59

0.51 0.60

9.48 -15%
90 69
80 92
33 -5
33 34
30 45
16 -2

10.5 ksf 54.45
MF Housing (Low-Rise)
Hotel
157 du
153 rm

6.74 8.36
1,058 0.40
1,279 0.47
Market Hall 3.596 ksf 106.78 384 3.82
Internal Trips***
Pass-By Trips
Total
-15%
-36%
-58 -15% -1 -1
-138 -36% -5 -3 -2 -36% -12 -6 -6
4,495 242 96 146 359 203 156
Note: du = dwelling units; ksf = 1,000 square feet; rm = rooms; MF = Multifamily; * Internal capture for retail use is the opposite end of trips estimated for the residential use; ** Daily internal trips estimated using the average percentages of a.m. and p.m. peak hour internal trips; *** Internal trip reduction applied to market hall trips as in TJKM traffic study.

Under Baseline conditions, the minor approaches to SR-116/Alder Avenue and SR-116/West Cotati Avenue are expected to operate acceptably at LOS D during the a.m. and p.m. peak periods. These results are summarized in Table 10.

Table 10 – Baseline Peak Hour Intersection Levels of Service Study Intersection AM Peak PM Peak
Approach Delay LOS
A
Delay LOS

1. SR-116/Alder Ave 1.3 A

28.2 0.5

1.3 25.8

0.9 Southbound (Alder Ave) Approach

2. SR-116/W Cotati Ave
Northbound (W Cotati Ave) Approach
D D
A A

18.9 C 18.8 C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics Alternative Baseline Scenario
As noted, for the Baseline analysis it was assumed that Cotati Village 1 would be completed prior to Cotati Village 2, but that the realignment and signalization of the SR-116/West Cotati Avenue intersection would not. An Alternative Baseline scenario was analyzed, with the following assumptions: 1) the realignment and signalization of the SR 116/West Cotati Avenue intersection would be complete; 2) as part of the SR-116/West Cotati Avenue intersection project, a median would be installed along SR-116 to limit access to and from Alder Avenueto rightturn in/right-turn out; and 3) vehicles seeking to turn left from eastbound SR-116 onto Alder Lane or turn left onto 1066 of 1220
Ms. Heather Gurewitz Page 14 July 23, 2024
SR-116 from Alder Lane would be routed through the SR-116/West Cotati Avenue intersection and Batchelor Lane.

Batchelor Lane is proposed as an internal street within Cotati Village 1 that would connect the north leg of the SR116/West Cotati Avenue intersection to Alder Avenue. The same trip distribution assumptions made for the original Baseline scenario were made for this scenario except that routing in the immediate vicinity of the project site was modified to reflect the turn restrictions at SR-116/Alder Lane.

Under these assumptions, the minor approaches to SR-116/Alder Avenue and overall operation at SR-116/West Cotati Avenue are expected to operate acceptably at LOS B or better during the a.m. and p.m. peak periods. These results are summarized in Table 11.

Table 11 –Alternative Baseline Peak Hour Intersection Levels of Service Study Intersection AM Peak PM Peak
Approach Delay LOS
A
Delay LOS

1. SR-116/Alder Ave 0.5 A

9.5 0.4
Southbound (Alder Ave) Approach

2. SR-116/W Cotati Ave
A 13.5

18.6 B

14.8 B B
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics It is noted that construction of Cotati Village 2 could potentially precede that of Cotati Village 1. If that is the case, even if the realignment and signalization of SR-116/West Cotati Avenue is completed, project traffic would not have access to the new signal and SR-116/Alder Avenue would continue to operate in its existing configuration. If that were the case, the eastbound left-turn lane should be provided as part of the Cotati Village 2 project. This scenario is included in this discussion to acknowledge uncertainty in the development process and availability of funding for the SR-116/West Cotati Avenue intersection improvements. Analysis of the effect of this scenario on traffic operations was beyond the scope of this study.

Future Conditions
Future volumes for the horizon year 2040, as developed for the traffic analysis that was prepared for the Cotati General Plan March 2015 Update, were used to project future operating conditions at the study intersections. Under Future Conditions, the General Plan indicates that the intersection of SR-116/Alder Avenue will be eliminated, while a new North-South Street would be constructed approximately 500 feet west of Alder Avenue; the SR116/New North-South Street intersection would be signalized. This new signalized intersection would include four legs with dedicated turn lanes on each leg, as described in the Traffic Impact Fee Study, W-Trans, 2015, as well as separate right-turn lanes on the new street approaches. The planned future widening of SR-116 would provide two through lanes in each direction between Redwood Drive and Madrone Avenue. The SR-116/West Cotati Avenue intersection would also be realigned and signalized with protected left turns on SR-116 and split phasing on West Cotati Avenue. These future improvements were assumed to have been constructed and are included as part of the Future Conditions analysis.

Under these conditions, the study intersections are expected to operate acceptably at LOS B or C. These results are summarized in Table 12.

Table 12 – Future Peak Hour Intersection Levels of Service Study Intersection AM Peak
Delay LOS
PM Peak
Delay LOS

2. SR-116/W Cotati Ave (Signalized) 12.0

15.5 B
B

33.7 25.1
C

3. SR-116/New North-South Street (Signalized) C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service. 1067 of 1220
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Project Conditions
No transportation network changes were assumed for Project Conditions.

Existing plus Project Conditions
Upon the addition of project-related traffic to the existing volumes, the southbound Alder Avenue approach would operate unacceptably at LOS F. These results are summarized in Table 13.

Table 13 – Existing and Existing plus Project Peak Hour Intersection Levels of Service Study Intersection Existing Conditions
AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS
Existing plus Project
Approach AM Peak PM Peak

1. SR-116/Alder Ave 0.7

19.5 -
A
C
-

0.8 22.2
-
A
C
-

4.3 55.5

36.2 14.6

0.5 A
F
E
B
A
C

1.7 27.4
-
A
D
-
Southbound (Alder Ave) Approach
With Southbound Left-turn Lane
Traffic Signal (Overall Operation)

2. SR-116/W Cotati Ave
- - - - - -

0.5 18.1
A
C

0.9 17.7
A
C

0.9 18.3
A
Northbound (W Cotati Ave) Approach 19.5 C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics; shaded cells indicate conditions with recommended improvements; Bold text = deficient operation
Finding – The southbound Alder Avenue approach would be expected to operate unacceptably at LOS F upon the addition of project-generated traffic to existing volumes. Acceptable LOS B operation could be achieved by installing a traffic signal. Alternatively, if the planned traffic signal at SR-116/West Cotati Avenue is operational, traffic would be diverted to that location and there would not be a need for the signal at Alder Avenue.

Recommendation – It is recommended that a traffic signal be installed at SR-116/Alder Avenue to maintain acceptable operations. If a signal is installed, it should include pedestrian crossing infrastructure to enable bus stop users to walk between the project site and bus stops; coordination would be required with Sonoma County Transit regarding stop locations.

Baseline plus Project Conditions
With project-related traffic added to Baseline volumes, the minor approach to SR-116 at West Cotati Avenue is expected to operate acceptably at LOS C; the southbound Alder Avenue approach to the intersection at SR-116 is projected to operate unacceptably at LOS F and E during the a.m. and p.m. peak hours, respectively. These results are summarized in Table 14.
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Table 14 – Baseline and Baseline plus Project Peak Hour Intersection Levels of Service Study Intersection Baseline Conditions
AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS
Baseline plus Project
Approach AM Peak PM Peak

1. SR-116/Alder Ave 1.3

28.2 -
A
D
-

1.3 25.8
-
A
C
-

5.0 53.9

16.9 0.5
A
F

2.2 30.1

11.9 0.9
A
D
B
Southbound (Alder Ave) Approach
Traffic Signal (Overall Operation)

2. SR-116/W Cotati Ave
B
A
C

0.5 18.9
A
C

0.9 18.8
A
C
A
Northbound (W Cotati Ave) Approach 20.3 19.4 C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics, shaded cells indicate conditions with recommended improvements; Bold text = deficient operation
Finding – The study intersection at West Cotati Avenue is expected to continue operating acceptably upon the addition of project-generated traffic to Baseline volumes. Operation on the stop-controlled Alder Avenue approach to SR-116 would deteriorate to LOS F during the a.m. peak hour upon adding project-generated trips, but acceptable LOS B operation could be achieved by installing a traffic signal, as recommended for Existing plus Project conditions and assuming SR-116/West Cotati Avenue is not yet signalized.

Alternative Baseline plus Project Scenario
Under the Alternative Baseline Scenario (for which completion of the SR-116/West Cotati Avenue realignment and signalization is assumed), with the addition of project-generated trips, the minor approaches to SR-116/Alder Avenue and SR-116/West Cotati Avenue are expected to operate acceptably at LOS C or better during both peak periods. These results are summarized in Table 15.

Table 15 – Alternative Baseline and Alternative Baseline plus Project Peak Hour Intersection Levels of Service
Study Intersection Baseline Alt Conditions
AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS
Baseline Alt plus Project
Approach AM Peak PM Peak

1. SR-116/Alder Ave 0.5

9.5 A
A
B

0.4 A
B
B

1.0 A
B
C

0.6 A
B
C
Southbound (Alder Ave) Approach

2. SR-116/W Cotati Ave

13.5 18.6

10.1 21.6

14.3 14.8 20.4
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics
Finding – With the addition of project trips to the Alternative Baseline scenario volumes, operation on the stopcontrolled Alder Avenue approach to SR-116 and overall operation at SR-116/West Cotati Avenue would continue to be acceptable.

Future plus Project Conditions
Upon the addition of project-generated traffic to the anticipated future volumes and with the planned future signals at both locations, the study intersections are expected to operate acceptably at LOS D or better. The Future plus Project operating conditions are summarized in Table 16. 1069 of 1220
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Table 16 – Future and Future plus Project Peak Hour Intersection Levels of Service Study Intersection Future Conditions
AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS
Future plus Project
AM Peak PM Peak

2. SR-116/W Cotati Ave 12.0

15.5 B
B

33.7 25.1
C
C

12.1 18.8
B
B

35.3 26.2
D

3. SR-116/New North-South Street C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service Finding – The study intersections are expected to continue operating acceptably with the addition of projectgenerated traffic to future volumes assuming planned improvements.

Conclusions and Recommendations
• The proposed project is expected to generate an average of 1,180 net new trips per day, including 157 a.m. peak hour trips and 82 trips during the p.m. peak hour
• Pedestrian facilities are currently inadequate but would be improved upon completion of the Class I path along the project frontage on SR-116 and the west side of the project boundary, as well as sidewalks along Alder Avenue. This would connect the project site to the existing pedestrian network so circulation for pedestrians in the area would be improved, though still inadequate. Planned future improvements to be constructed as part of other developments or by the City would provide adequate pedestrian facilities. •
•
Existing bicycle facilities, including bicycle lanes on SR-116, and shared use of minor streets currently provide adequate access for bicyclists. Additional facilities to be constructed as part of the project would further improve bicycle facilities.

Existing transit facilities serving the project site are not adequate due to the lack of pedestrian facilities connecting to the transit stops. The City may wish to work with Sonoma County Transit to identify the preferred bus stop locations, given the planned development along this corridor and ensure that adequate pedestrian crossings of SR-116 and sidewalks are provided to enable bus riders to walk to and from the stops. •
•
The proposed project is expected to have a less-than-significant impact on VMT.

The project as proposed would have adequate sight distance for drivers to safely turn out of and into the project site. To preserve existing sight lines, any new signage, monuments, or other structures installed as part of the project should be positioned outside of the vision triangles of a driver waiting on the project road approaches. Landscaping planted in the vision triangle should be low-lying or above seven feet and maintained to remain outside the area needed for adequate sight lines. • An eastbound left-turn lane is warranted at the intersection of SR-116/Alder Avenue and is required as a condition of occupancy for Cotati Village 1 under specific circumstances. If Cotati Village 1 is ultimately not required to provide the left-turn lane, it should be required as part of Cotati Village 2. •
•
Emergency access and circulation are anticipated to function acceptably, and traffic from the project is expected to have a less-than-significant impact on emergency response times.

Under Existing, Baseline, and Future Conditions, the study intersections are or are expected to operate acceptably. With the addition of project-generated trips to existing and baseline volumes, the southbound Alder Avenue approach to SR-116 is expected to operate unacceptably at LOS F during the a.m. peak hour. It is recommended that a traffic signal be installed at SR-116/Alder Avenue as part of the proposed project to achieve acceptable operations. It is noted that this recommendation would be rescinded if the realignment 1070 of 1220
Ms. Heather Gurewitz Page 18 July 23, 2024
and signalization of SR-116/West Cotati Avenue and construction of Cotati Village 1 preceded occupation of Cotati Village 2.
• Under Alternative Baseline conditions, which include the realignment and signalization of SR-116/West Cotati Avenue and a median installed along SR-116 to limit access to and from Alder Avenue, the stop-controlled Alder Avenue approach to SR-116 and SR-116/West Cotati Avenue would continue operating acceptably without and with the addition of project-generated traffic. •
•
The intersections of SR-116/West Cotati Avenue and SR-116/New North South Street are expected to operate acceptably under Future plus Project conditions.

If the SR-116/Alder Avenue intersection is signalized, curbs connecting the planned crosswalk should be constructed to ADA standards. If the intersection remains stop-controlled, relocation of the bus stop to the future SR-116/West Cotati Avenue signalized intersection is recommended. • If the approved Cotati Village 1 project is not ultimately required to provide the eastbound left-turn lane on SR-116 at Alder Avenue and eastbound SR-116 traffic retains the ability to turn left at this location, the left turn lane should be provided as part of the Cotati Village 2 project. It should have a minimum of 50 feet of storage.

Thank you for giving W-Trans the opportunity to provide these services. Please call if you have any questions.

Sincerely,
Valerie Haines, EIT
Assistant Engineer
Barry Bergman, AICP
Senior Planner
Dalene J. Whitlock, PE (Civil, Traffic), PTOE
Senior Principal
DJW/bdb-vrh/COT102.L1
Enclosures: Collision Rate Calculations, Derivation of Internal Capture Rates, VMT Summary, Queueing Calculations, Level of Service Calculations
1071 of 1220
Intersection Collision Rate Worksheet
Cotati Village 2 Project
Intersection # 1: SR 116 & Alder Street
Date of Count: Wednesday, February 23, 2022
Number of Collisions:

Number of Injuries:

Number of Fatalities:
5 3
0 Average Daily Traffic (ADT): 18700
Start Date: October 1, 2018
End Date: September 30, 2023
Number of Years: 5
Intersection Type: Tee
Control Type: Stop & Yield Controls
Area: Urban
Number of Collisions x 1 Million
ADT x Days per Year x Number of Years Collision Rate =
Collision Rate = 5
x
x 1,000,000
18,700 365 x 5
Collision Rate Fatality Rate Injury Rate

60.0%

47.3%
Study Intersection
Statewide Average*

0.15 c/mve

0.13 c/mve

0.0%

1.3%
Notes
ADT = average daily total vehicles entering intersection c/mve = collisions per million vehicles entering intersection * 2021 Collision Data on California State Highways, Caltrans Intersection # 2: SR 116 & W Cotati Ave
Date of Count: Wednesday, February 23, 2022
Number of Collisions:

Number of Injuries:

Number of Fatalities:
1 1
0 Average Daily Traffic (ADT): 18700
Start Date: October 1, 2018
End Date: September 30, 2023
Number of Years: 5
Intersection Type: Tee
Control Type: Stop & Yield Controls
Area: Urban
Number of Collisions x 1 Million
ADT x Days per Year x Number of Years Collision Rate =
Collision Rate = 1
x
x 1,000,000
18,700 365 x 5
Collision Rate Fatality Rate Injury Rate
100.0%

47.3%
Study Intersection
Statewide Average*

0.03 c/mve

0.13 c/mve

0.0%

1.3%
Notes
ADT = average daily total vehicles entering intersection c/mve = collisions per million vehicles entering intersection * 2021 Collision Data on California State Highways, Caltrans ns
6/10/2024
1072 of 1220

Page 1 of 10 ends

NCHRP 684 Internal Trip Capture Estimation Tool
Project Name:

Project Location:

Scenario Description:

Analysis Year:

Cotati Village Organization:

Performed By:

Date:

W-Trans
SR 116/Alder Avenue BB
5/14/2024
2024 Checked By:

Analysis Period: AM Street Peak Hour Date:

Table 1-A: Base Vehicle-Trip Generation Estimates (Single-Use Site Estimate) Development Data (For Information Only ) Estimated Vehicle-Trips3 Land Use ITE LUCs1 Quantity Units Total
0 Entering Exiting
Office
Retail 0
Restaurant 936
221
2 ksf
du
209
0 107
11 102
36 Cinema/Entertainment
Residential 126 47
Hotel 0
All Other Land Uses2 0
256 118 138
Table 2-A: Mode Split and Vehicle Occupancy Estimates
Entering Trips Exiting Trips
% Transit
Land Use Veh. Occ.4 % Transit % Non-Motorized Veh. Occ.4 % Non-Motorized Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
All Other Land Uses2
Table 3-A: Average Land Use Interchange Distances (Feet Walking Distance) Destination (To) Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
Table 4-A: Internal Person-Trip Origin-Destination Matrix* Destination (To) Origin (From)
Office Retail
0 Restaurant Cinema/Entertainment Residential Hotel
Office 0
0 0
0 0
0 0
1 0
0 0
0 0
0 Retail 0
0 0
0 0
Restaurant
Cinema/Entertainment
Residential
Hotel
0 0
0 0
0 7
0 0
0 0
Table 5-A: Computations Summary Table 6-A: Internal Trip Capture Percentages by Land Use Total
256
6%
Entering
118
Exiting
138
Land Use Entering Trips Exiting Trips
All Person-Trips Office N/A
Retail
N/A
N/A
7%
N/A
9%
N/A
Internal Capture Percentage 7% 6% N/A
Restaurant 1%
External Vehicle-Trips5
External Transit-Trips6
External Non-Motorized Trips6
240
0 110
0 130
0 Cinema/Entertainment
Residential
N/A
19%
0 0 0 Hotel N/A
1Land Use Codes (LUCs) from Trip Generation Manual , published by the Institute of Transportation Engineers. 2Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator. 3Enter trips assuming no transit or non-motorized trips (as assumed in ITE Trip Generation Manual ). 4Enter vehicle occupancy assumed in Table 1-A vehicle trips. If vehicle occupancy changes for proposed mixed-use project, manual adjustments must be made to Tables 5-A, 9-A (O and D). Enter transit, non-motorized percentages that will result with proposed mixed-use project complete. 5Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-A. 6Person-Trips
*Indicates computation that has been rounded to the nearest whole number.

Estimation Tool Developed by the Texas A&M Transportation Institute - Version 2013.1 1073 of 1220
NCHRP 684 Internal Trip Capture Estimation Tool
Project Name:

Project Location:

Scenario Description:

Analysis Year:

Cotati Village Organization:

Performed By:

Date:

W-Trans
SR 116/Alder Avenue BB
5/14/2024
2024 Checked By:

Analysis Period: PM Street Peak Hour Date:

Table 1-P: Base Vehicle-Trip Generation Estimates (Single-Use Site Estimate) Development Data (For Information Only ) Estimated Vehicle-Trips3 Land Use ITE LUCs1 Quantity Units Total
0 Entering Exiting
37 Office
Retail 936 2 ksf 73
0 36
Restaurant
Cinema/Entertainment
Residential
0 221 126 du 49
0 30
66 19
56 Hotel
All Other Land Uses2 0
122
Table 2-P: Mode Split and Vehicle Occupancy Estimates
Entering Trips Exiting Trips
% Transit
Land Use Veh. Occ.4 % Transit % Non-Motorized Veh. Occ.4 % Non-Motorized Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
All Other Land Uses2
Table 3-P: Average Land Use Interchange Distances (Feet Walking Distance) Destination (To) Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential 1000
Hotel
Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
1000
Table 4-P: Internal Person-Trip Origin-Destination Matrix* Destination (To) Origin (From)
Office Retail
0 Restaurant Cinema/Entertainment Residential Hotel
Office 0
0 0
0 0
0 9
0 0
0 0
0 0
0 Retail 0
0 0
0 0
Restaurant
Cinema/Entertainment
Residential
Hotel
0 0
3 0
0 0
0 0
0 0
Table 5-P: Computations Summary Table 6-P: Internal Trip Capture Percentages by Land Use Total
122
Entering
66 Exiting
56 Land Use Entering Trips Exiting Trips
All Person-Trips Office N/A
Retail
N/A
Internal Capture Percentage 20% 18% 21% 8% 24%
Restaurant N/A
N/A
30%
N/A
N/A
External Vehicle-Trips5
External Transit-Trips6
98 0
54 0
44 0
Cinema/Entertainment
Residential
N/A
16%
External Non-Motorized Trips6 0 0 0 Hotel N/A
1Land Use Codes (LUCs) from Trip Generation Manual , published by the Institute of Transportation Engineers. 2Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator. 3Enter trips assuming no transit or non-motorized trips (as assumed in ITE Trip Generation Manual ). 4Enter vehicle occupancy assumed in Table 1-P vehicle trips. If vehicle occupancy changes for proposed mixed-use project, manual adjustments must be 5Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-P. 6Person-Trips
*Indicates computation that has been rounded to the nearest whole number.

Estimation Tool Developed by the Texas A&M Transportation Institute - Version 2013.1 1074 of 1220
Cotati Village 2 VMT Assessment
W-Trans 6/06/2022
OPR Residential VMT Threshold

18.3 VMT/Capita Citywide Average - City of Cotati

15.5 OPR Threshold = 15% below Citywide Average
Base Unadjusted Project VMT

20.23 Base VMT/Capita from SCTA Model - Project in TAZ 425 126 Single Family Units 2.34 Occupancy/Unit

1.5 Occupancy/Unit
295 Residents
ADU Units 0 Residents
5965 Base Unadjusted Project VMT (mi) 295 Residents ("capita") VMT Adjustments and Potential Mitigation Measures

20.23 Base VMT/Capita from SCTA Model - Project in TAZ 425

15.55 OPR Threshold = 15% below Citywide Average
-23.2% Project VMT Reduction Required to meet OPR Threshold A. Density Adjustment Source: CAPCOA; see journal citation in Appendix C 126 Project Units including ADU
-25.6% VMT Reduction (compared to density in project TAZ) -5.18 Adjustment to Base Project VMT/Capita

5.6 Project Acres 46.3 Project Density

21.4 Density in Project TAZ
B. Integrate Affordable Housing
126 units, 13 very low income
-2.9% VMT Reduction
Source: California Housing Partnership
-0.58 Adjustment to Base Project VMT/Capita
Combined VMT Adjustments and Mitigation Measures (A and B) -28.5% Combined Measures VMT Reduction (unadjusted)
-27.7% Adjusted for Dampening of Combined Measures (per CAPCOA) -5.61 Adjustment to Base Project VMT/Capita
VMT Projections After Adjustments and Mitigation

20.23 Base VMT/Capita from SCTA Model 5965 Unadjusted Base Residential VMT (mi) -5.61 Adjustment to Base Project VMT/Capita

14.62 Project VMT/Capita with Adjustments & Mitigation

15.55 OPR Significance Threshold
-1654 VMT Reduction with Adjustments and Mitigation
4311 Project VMT (mi) with Adjustments and Mitigation
YES Is threshold met with adjustments and mitigation?
1075 of 1220
Maximum Queue Length
Two-Way Stop-Controlled Intersections
Through Street: SR 116 Scenario: Baseline plus Project AM Side Street: Alder Avenue Stop Controlled Legs: North/South Volume Inputs (veh/hr) Alder Avenue
0 Uncontrolled Legs Speed Limit:
# Lanes on Uncontrolled Legs:
35 mph
4 Lanes
61 14
Westbound
33 89
783 804
1 16
Eastbound
3 3
1 7
2 Alder Avenue
Maximum Queues (veh) Alder Avenue
0 Westbound
2 -
- -
- 1
Eastbound
3 2 2
Alder Avenue
Source: John T. Gard, ITE Journal, November 2001, "Estimating Maximum Queue Length at Unsignalized Intersections"
1076 of 1220
Maximum Queue Length
Two-Way Stop-Controlled Intersections
Through Street: SR 116 Scenario: Baseline plus Project PM Side Street: Alder Avenue Stop Controlled Legs: North/South Volume Inputs (veh/hr) Alder Avenue
27 Uncontrolled Legs Speed Limit:
# Lanes on Uncontrolled Legs:
35 mph
4 Lanes
21 29
Westbound
711 24
707 13
32 0
Eastbound
0 2
0 0
2 Alder Avenue
Maximum Queues (veh) Alder Avenue
9 Westbound
2 -
- -
- -
Eastbound
0 0 #NUM!
Alder Avenue
Source: John T. Gard, ITE Journal, November 2001, "Estimating Maximum Queue Length at Unsignalized Intersections"
1077 of 1220
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1124 of 1220
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: COTATI DENSITY BONUS ORDINANCE UPDATE
Date: August 27, 2024
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Community Development Department and the Planning Commission that the City Council introduce and conduct a first reading of the draft ordinance amending Chapter 17.32 Density Bonuses of the Cotati Municipal Code.

Background
I. Project Description
City Council consideration, introduction and first reading of a draft ordinance amending and updating Chapter 17.32 Density Bonuses of the Cotati Municipal Code to establish compliance with changes in state density bonus law.

II. Background and Previous Action
California Density Bonus law provides a mechanism for developers of residential housing projects to request additional units (above those allowed under the “base” density) in exchange for constructing a percentage of a project as deed restricted affordable housing. The general concept is that granting additional market rate units helps to offset the costs of providing the below market rate affordable housing units. Historically, the granting of density bonus was at the discretion of the individual cities/counties where the projects were being built.

The recent changes to statewide housing legislation intended to promote construction of additional housing have included several changes to the state density bonus law. Some of the most influential changes have included making granting of a density bonus required when a development meets certain criteria; expanding on the number of “incentives and concessions” 1125 of 1220
from local development regulations developers may request to further support the construction of the affordable housing units; and modifying the percentages of affordable and market rate housing units that make up the density bonus formula.

Although changes at the state level are legally binding and affect all jurisdictions throughout the state, it is expected that each local jurisdiction adopt “implementing legislation” to incorporate these statewide requirements into local ordinances and municipal codes. This update to the City of Cotati Density Bonus ordinance is in response to recent changes in state density bonus requirements.

On June 14, 2024, the Planning Commission held a public hearing to consider the proposed code changes and a resolution making a recommendation to the City Council regarding introduction of the ordinance. At this meeting the Planning Commission voted 4-0-1 (Commissioner Gilardi absent) to recommend the City Council adopt the draft ordinance.

Analysis/Discussion
III. Land Use and Planning Considerations
Historically, local regulations intended to implement state density bonus legislation were written to copy exactly the state law language including affordability formulas, parking requirements and the criteria for granting incentives and concessions for density bonus projects. Additional language specific to the jurisdiction’s process or unique elements was then added onto the copied language to make up a local ordinance. This approach generally worked because the requirements and regulations adopted by the state rarely changed so the jurisdiction’s versions of these regulations did not have to change often to remain in compliance.

However, in recent times, the state legislature has been focused on making significant changes to housing law in an effort to spur housing development and has continued to iterate on these changes as in subsequent years. With regards to state density bonus law, there have been no fewer than eight bills passed by the state legislature modifying these regulations since 2018 (SB 1227; SB 1085; SB 728; AB 634; SB 728; SB 290 (2021); AB 2345 and SB 290 (2022)). This constant change to the rules governing policies must be implemented through local amendments to adopted regulations using the ordinance process for local regulations to be in compliance.

Given the need for constant revision and limited staff resources, staff is proposing a change in how staff drafts, and the Council, adopts the required implementing legislation.

Rather than copy the language of state law verbatim, the ordinance before the City Council simply references the requirements of the state legislation. Further, this draft ordinance language does not identify the specific code sections of state law, rather it limits any references to state legislation the subject matter being discussed (and does not identify the government code sections in question). The goal of this approach is that as the state legislation continues to be updated and reorganized in response to newly adopted bills at the state level, the adopted Cotati legislation will remain compliant. Staff is proposing this approach to keeping the local regulations compliant both in response to the pace of change at the state level, as well as the 1126 of 1220
culture of compliance being prioritized by the Department of Housing and Community Development (HCD).

Separate from this “housekeeping” effort to update the City’s Density Bonus ordinance to ensure compliance with state law, staff has maintained the previously adopted “Mixed-Use Density Bonus” and included a reference to the “Cotati Density Bonus”, discussed at the May 28, 2024, housing workshop. These two Cotati specific density bonus options allow density bonus units (up to 100%) above and beyond those available through state density bonus law (generally a maximum of 50%). The intent of these allowances is to create a process that is more of an incentive than what is provided by the State for projects that meet the development requirements of Cotati.

It is worth noting that the City of Cotati “inclusionary housing requirement” (i.e. the number of affordable housing units required to be built within any “market rate” project), is 15-percent.

This percentage coincides with the state density bonus formula for projects to receive a density bonus (15 percent moderate income=10 percent density bonus; 15 percent low income=27.5 percent density bonus; 15 percent very low income=50 percent density bonus). The local mandate for 15 percent of the units of any project to be affordable housing, has resulted in nearly all projects proposed (since these changes) being “density bonus” projects. Providing a local “density bonus” option beyond those identified in state law is intended to incentivize developers to meet the City’s development criteria, and to provide more flexibility in the affordable unit mixes being proposed in local projects. Some questions to considered with the local density bonus are: (A) Should the city request a higher percentage of the units be deed restricted as affordable (20-percent), in exchange for this increased Cotati Density Bonus? (B) Should the city require the equal spread of affordability levels, or provide an option to vary from this as RHNA or other needs dictate? (C) Does the City Council want to set a number of concessions or incentives, or should the city be silent on this given that it is fully at City Council discretion and allow the variances to be determined on a case by case basis, depending on the quality of the proposed development?
Lastly, this ordinance also identifies that the use of a “land-trust” model is the City’s preferred method for managing the initial sale, re-sale and compliance monitoring for for-sale affordable housing units within the City of Cotati. This model essentially puts a non-profit land trust entity onto the title of below market rate units sold to qualifying residents. Having this additional entity on the title of the property ensures an agent of the City is involved with every transaction of that property. This agent can then help to monitor compliance with the affordability criteria as properties are bought and sold on the private market, a transaction the City is rarely involved with. Codifying this model as the preference for managing the for-sale affordable housing stock within the City is a step toward implementing Program 1-3 (Non-Profit and Agency Coordination) and Program 1-5 Preservation of Affodable Housing of the Housing Element.

IV. General Plan Consistency
The amendments to CMC Title 17 in the proposed ordinance are consistent with and 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 1127 of 1220
Coordination) and Program 1-5 Preservation of Affordable Housing of the Housing Element. 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 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 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 2.10: Encourage mixed-use, pedestrian-, and transit-oriented development, with a focus on the Hub and major corridors.

Staff Response: Staff finds that the proposed amendments to Chapter 17.32 Density Bonuses implement the above referenced Housing Element and General Plan policies in that additional density allowed in density bonus projects will increase incentives for in-fill development and provide additional residential units in close proximity to local amenities and employment opportunities; further support implementation of the density bonus parking allowances; support increased compact development and housing near local employment and supporting the use of alternative transportation methods; and further encourage mixed use and transit oriented development through clarifying the increased allowable density, including around the Hub and major corridors.

Planning Commission Review
During their June 17, 2024, review of the code changes, the Planning Commission was generally supportive of the changes and approach being recommended by City staff. In addition to supporting formally identifying the “land trust” model as the most appropriate for the City, Commissioners saw the benefits of the City providing incentives beyond those offered through the State Density Bonus program. Specifically, identifying the creation of a mechanism to gain compliance with Cotati development standards, providing options to secure a greater variety of 1128 of 1220
affordable housing and allowing additional housing units to be constructed when the City determines it appropriate. After their discussion, the Commission voted 4-0 (one commissioner absent) to recommend the City Council adopt the ordinance.

Issues
One issue to discuss is the Attorney’s Office recommendation to include the specific state government code sections being referenced in the City’s ordinance. The City Attorney’s office recommended specifically including a definition that any reference to state density bonus laws includes reference to 65915 et seq., even if we are removing specific section references throughout the ordinance. Although there were not specific legal concerns with the lack of any reference, it was recommended for clarity and staff has incorporated one such reference in response.

Financial Considerations
There are no anticipated direct financial impacts to the General Fund associated with the proposed ordinance. Staff time allocated to this effort was included in the adopted budget.

Environmental Issues
In conformance with California Environmental Quality Act (CEQA), the Community Development Department, Planning Division staff finds that the proposed amendments to the Cotati Land Use Code related to density bonus are consistent with and implement the goals, policies, and objectives of the 2015 General Plan, the 2023-2031 Housing Element and state density bonus law. Given this staff finds that these proposed revisions conform 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, and other previously completed environmental analysis. 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 project-specific 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, mitigation measures identified in the 2015 General Plan EIR and Housing Element Mitigated Negative Declaration will address any potential environmental impacts of the proposed code changes. Further, these changes are being mandated by updates to state density bonus law and future project-specific environmental analysis of any housing development proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed. 1129 of 1220
Chapter 17.32

DENSITY BONUSES
Sections:

17.32.010 Purpose.

17.32.020 Eligibility for bonus, incentives or concessions.

17.32.030 Allowed density bonuses.

17.32.040 Allowed incentives or concessions.

17.32.050 Parking requirements in density bonus projects.

17.32.060 Bonus and incentives for housing with child care facilities.

17.32.070 Continued availability.

17.32.080 Location and type of designated units.

17.32.090 Processing of bonus requests.

17.32.100 Density bonus agreement.

17.32.110 Control of resale.

17.32.120 Judicial relief, waiver of standards.

17.32.010 Purpose.

State Density Bonus Law (SDBL) and the City of Cotati Density Bonus Ordinance (DBO) allows developers to build more residential units than the maximum allowable density in order to incentivize the construction of housing affordable to very-low income, low-income, moderate income, senior, and other qualifying households. As required by CA Government Code Section 65915 et seq., this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified therein. Section 65915 17.32.020 of this chapter. This chapter is intended to implement the requirements of the CA Government Code Section 65915 et seq. (including as modified from time to time), and the housing element of the Cotati general plan, with regards to density bonus requirements. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.020 Eligibility for bonus, incentives or concessions.

In order to be eligible for a density bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements, and satisfy all other applicable provisions of this land use code, except as provided by Section 17.32.030 (Allowed density bonuses) of this chapter:

SDBL requires “concessions, incentives and “waivers” be granted to qualifying projects in addition to a density bonus. The city shall grant one density bonus, the amount of which shall be as specified in CA Government Code Section 65915 et seq., and the amount of which shall be based on the proposed number and affordability levels of the base units. Iif requested by the applicant and consistent with the applicable requirements, incentives, or concessions, waivers, or reductions of development standards, and parking ratios or other modification to City development criteria necessary to facilitate the construction of the affordable housing units, shall be granted to density bonus projects, as required. if an applicant for a housing development seeks and agrees to construct a housing 1130 of 1220
development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:

A. Resident Requirements. The housing development shall be designed and constructed so that specific percentages of deed restricted affordable housing units are incorporated into the design and construction of the project.:

1. At least ten percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code Section 50079.5;

2. At least five percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105;

3. At least ten percent of the total dwelling units in a condominium project as defined in Civil Code Section 1351(f), or in a planned development as defined in Civil Code Section 1351(k), for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase; or

4. The project is a senior citizen housing development as defined by Civil Code Sections 51.3 and 51.12, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

A dDensity bonus units granted in compliance with Section 17.32.030 of this chapter shall not be included when determining the number of housing units that is equal to the percentages of below market rate units required above.

B. Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.

C. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements identified in CA Government Code. Section 65915.5. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

D. The units described in this section are subject to a recorded affordability restriction of 55 years.

17.32.030 Allowed density bonuses.

The amount of a density bonus allowed in a housing development shall be determined by the council in compliance with this section and requirements under state density bonus and other applicable housing law.

A. Density Bonus. A housing project that complies with the eligibility requirements identified in CA Government Code in Section 17.32.020(A)(1), (A)(2), (A)(3), or (A)(4) shall be entitled to density bonuses as identified thereinfollows., unless a lesser percentage is elected by the applicant:

1. General Density Bonus. The city shall grant at least a twenty percent increase in the number of dwelling units normally allowed by the applicable general plan designation and zoning, except that:
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a. For each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent; and
b. For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by two and one-half percent, up to a maximum of thirty-five percent.

B. 2. Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements in Section 17.32.020(A)(3)of CA Government Code and of this chapter shall be eligible for density bonus in keeping with the requirements and criteria therein. consist of at least a five percent increase in the number of dwelling units normally allowed by the applicable general plan designation and zoning district, except that for each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent.

3. Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development. a. Basic Bonus. The applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable general plan designation and zoning.
b. Additional Bonus. For each one percent increase above the minimum ten percent land donation described in subsection (A)(3)(c)(ii) of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density required by subsections (A)(1) and (A)(2) of this section, up to a maximum combined mandated density increase of thirty-five percent if an applicant seeks both the increase required in compliance with subsections (A)(1) through (A)(3) of this section.
c. Eligibility for Bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:
i. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; ii. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development;
iii. The transferred land is at least one acre, or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units 1132 of 1220
feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(l) if the design is not reviewed by the city prior to the time of transfer;
iv. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.32.070 (Continued affordability), which shall be recorded on the property at the time of dedication;
v. The land is transferred to the city or to a housing developer approved by the city.

The city may require the applicant to identify and transfer the land to the developer; vi. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

C.4. Senior Housing Density Bonus. For housing developments meeting the criteria of state density bonus law specific to senior housing developmentsSection 17.32.020(A)(4), the city shall grant a density bonus that is twenty percent ofincreasing the the number of senior housing units as required therein.

D.5. Mixed Use Density Bonus. For mixed-use projects meeting the mixed use development criteria and Objective Design Standards (ODS) adopted by the City of Chapter 17.32 and Section 17.42.100, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus to facilitate and support the development of commercial elements within a mixed-use or commercial zoning district.

E. Cotati Density Bonus. For projects providing twenty percent of the proposed units as affordable housing, consistently spread across very-low-, low- and moderate-income categories and evenly distributed throughout the project site, and which comply with the City’s Objective Design Standards, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus.

Such projects shall be entitled to request one incentive or concession, the granting of which shall be at the sole discretion of the City Council.

FB. Greater or Lesser Bonuses. The city maycity may choose to grant a density bonus greater than provided by this section and state density bonus law for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section and/or, in keeping with the requirements and allowances of state density bonus law.

1. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in state Government Code Section 65915.7 and in Section 17.32.040 (governing Aallowed incentives or concessions). 1133 of 1220
GC. Density Bonus Calculations. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

HD. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

IE. Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of state density bonus law. (Ord. 918 § 7, 2023; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.040 Allowed incentives or concessions.

A. Applicant Request and City Approval. An applicant may submit to the city a proposal for the specific incentives or concessions listed in subsection C that the applicant requests in compliance with this section, and may request a meeting with the director. The council shall grant an incentive or concession request that complies with this section unless the council makes either of the following findings in writing, based upon substantial evidence:

If requested by the applicant and consistent with the applicable requirements, the City shall grant incentives or concessions, waivers or reductions of development standards, and parking ratios if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, pursuant to state Government Code Section 65915 and based on the proposed affordability levels and percentage of project units. The council shall not be required to grant an incentive or concession request if the council makes either of the following findings in writing, based upon substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs, as defined in state Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 17.32.070(B) of this chapteraffordability categories as defined in state housing law; or

2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

B. Number of Incentives. The applicant shall receive the following number of incentives or concessions as required under state density bonus law.:

1. One incentive or concession for a project that includes at least ten percent of the total units for lower income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a condominium or planned development; 1134 of 1220

2. Two incentives or concessions for a project that includes at least twenty percent of the total units for lower income households, at least ten percent for very low-income households, or at least twenty percent for persons and families of moderate income in a condominium or planned development;

3. Three incentives or concessions for a project that includes at least thirty percent of the total units for lower income households, at least fifteen percent for very low-income households, or at least thirty percent for persons and families of moderate income in a condominium or planned development.

4. One additional incentive or concession for a project that provides fifteen percent or more units for extremely low-income households, as defined in Sections 50105(b) and 50106 of the Health and Safety Code.

5. One additional incentive or concession for projects that provide twenty-five percent or more extremely low- or very low-income units targeted to households with special needs, including fourbedroom units for large households, accessible units for households with a disabled member, and housing units for the developmentally disabled.

C. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:

1. A reduction in the site development standards of this land use code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements, (see also Section 17.32.050, Parking requirements in density bonus projects), or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;

2. Approval of mixed-use zoning not otherwise allowed by this land use code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3. Other regulatory incentives proposed by the developer or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or

4. In its sole and absolute discretion, a direct financial contribution granted by the council, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

D. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.050 Parking requirements in density bonus projects.

A. Applicability. This section subdivision applies to a development that meets the requirements of state density bonus lawSection 17.32.020 (Eligibility for bonus, incentives, or concessions) of this chapter, but only at the request of the applicant. An applicant may request additional parking 1135 of 1220
incentives or concessions beyond those provided in this sectionstate density bonus law in compliance with the Section 17.32.040 (Aallowed incentives or concessions) of this chapter and applicable state legislation.

B. Number of Parking Spaces Required. At the request of the developer, the city will require the following vehicular parking ratios for a project that complies with the requirements of Section 17.32.020 (Eligibility for bonus, incentives or concessions) of this chapter, inclusive of handicapped and guest parking: consistent with state regulations, minimum automobile parking requirement shall not be imposed or enforced on a residential, commercial, or other development project (except that minimum automobile parking requirements may be required of nonresidential use hotel, motel, bed and breakfast inn, or other transient lodging) if the project is located within onehalf mile of public transit, unless specific findings are made within thirty days of submittal to the city of a complete application, pursuant to Government Code Section 65853.2:

1. Zero to one bedroom: one on-site parking space;

2. Two to three bedrooms: two on-site parking spaces;

3. Four and more bedrooms: two and one-half parking spaces.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. (Ord. 918 § 11, 2023; Ord. 766 § 2 Exh. A (part), 2004).

17.32.060 Bonus and incentives for housing with child care facilities.

A housing development that complies with the resident and project size requirements of Sections 17.32.020(A) and (B) of this chapter, and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

A. Additional Bonus and Incentives. The city shall grant a housing development that includes a child care facility in compliance with this section either of the following:

1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. Requirements to Qualify for Additional Bonus and Incentives. The city shall require, as a condition of approving the housing development, that:
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1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 17.32.070 (Continued availability) of this chapter; and

2. Of the children who attend the child care facility, the parents children of very low-income households, lower-income households, or families of moderate income shall be offered a discount equal to thea percentage of reduced rent offered to them as residents of affordable housing units that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in compliance with Section 17.32.020(A) of this chapter.

The city shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.070 Continued availability.

A. Duration of Affordability. The applicant shall agree to, and the city shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1. Lower-, Low-, and Moderate-Income Units. The continued availability of lower, low, and moderate income qualifying units shall be maintained for thirty fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2. Moderate-Income Units in Condominium. The continued availability of moderate income units in a condominium project shall be maintained for a minimum of ten years.

B. Rent Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this section:

1. Lower Income Units. Thirty percent of eighty sixty percent of the area median income, for units targeted for lower-income households, as defined in Health and Safety Code Section 50079.5; and

2. Very Low-Income Units. Thirty percent of fifty percent of the area median income, for units targeted for very low-income households, as defined in state Health and Safety Code Section 50105; and.

3. Moderate Income Units. Thirty percent of one hundred and twenty percent of the area median income for units targeted for moderate income households, as defined in state Health and Safety Code.

C. Occupancy and Resale of Moderate Income Condominium or PD Units. An applicant shall agree to, and the city shall ensure that the initial occupant of moderate-income units that are directly related to the receipt of the density bonus in a condominium project or planned unit development, are persons and families of moderate income, as defined in Health and Safety Code Section 50093. 1137 of 1220

1. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.

2. The city shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For purposes of this section, the city’s proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.080 Location and type of designated units.

A. Location/Dispersal of Units. As required by the council in compliance with Section 17.32.090 (Processing of bonus requests) of this chapter, designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the city. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.090 Processing of bonus requests.

A. Permit Requirement. A request for a density bonus and other incentives shall be evaluated and decided through use permit approval in compliance with Section 17.62.050 (Use permit and minor use permit) of this title and state density bonus law; provided, that the decision of the commission on a use permit application shall be a recommendation to the council, and the density bonus and other incentives shall be approved by the council.

B. Findings for Approval. In addition to the findings required by Section 17.62.050 of this title for the approval of a use permit, the approval of a state density bonus law, the city shall require that the review authority first make all of the following additional findings:

1. The residential development will be consistent with the general plan, except as provided by this chapter for density bonus lawes, and other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state density bonus law; and

4. There are sufficient provisions to guarantee that the units will remain affordable for the required 55-year time period. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.100 Density bonus agreement.
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A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus and affordability agreement (“agreement”) with the city in the city’s standard form of agreement.

B. Agreement Provisions.

1. Project Information. The density bonus agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income groups to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines, as required;
c. The marketing plan for the affordable units, using the City’s preferred land trust nonprofit entity for for-sale units; d. The location, approximate unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the cost use restrictions for designated dwelling units of the time periods required by Section 17.32.070 (Continued availability) of this chapter; f. A schedule for completion and occupancy of the designated dwelling units; g. A description of the any additional incentives being provided by the city; h. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and i. Other provisions to ensure successful implementation and compliance with this chapter.

2. Minimum Requirements. The density bonus agreement shall provide, at minimum, that:
a. The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; c. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, lowand very low-income households, as applicable and published by HUD (where required); 1139 of 1220
d. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city’s costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced according to measures included in the agreement.

3. For-Sale Housing Conditions. In the case of for-sale housing developments, the density bonus and/or affordability agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, and/or by qualified residents in the case of senior housing; and
b. That the city’s preferred method of managing and administering for-sale affordable housing units is via the use of a land-trust based not for profit organization who takes primary responsibility for administering the marketing, management, sale and future transfer of below-market rate units within the City.
c. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period,
ii. Contains provisions as the city may require to ensure continued compliance with this chapter and state law, and
iii. Shall be recorded against the parcel containing the designated dwelling unit.

4. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
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c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.32.070 (Continued availability) of this chapter.

C. Execution of Agreement.

1. Following council approval of the density bonus agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2. The approval and recordation shall take place at the same time or prior toas the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The agreement shall be binding to all future owners, developers, and/or successors-ininterest. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.110 Control of resale.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:

A. The price received by the seller of an affordable unit shall be limited to an amount consistent with an increase in the purchase price based on plus an increase based on the percentage of the appreciation in the Area Median Income for Sonoma County as published by the California Department of Housing and Community Development (HCD) for the applicable affordability levelSanta Rosa metropolitan area consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director of the Community Development Department.

B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers (unless reduced by the City). Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city (or its designee) the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.
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D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.120 Judicial relief, waiver of standards.

A. Judicial Relief. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession.

B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.

1. As required by Government Code Section 65915(e), the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 17.32.020(A) at the densities or with the concessions or incentives permitted by this chapter and/or state density bonus law.

2. An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, and placement of public works improvements, or other standards allowed under state density bonus law.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. City Exemption. Notwithstanding the provisions of subsections A and B of this section, nothing in this section shall be interpreted to require the city to:

1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in applicable Government Code Sections 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 766 § 2 Exh. A (part), 2004). 1142 of 1220
Chapter 17.32

DENSITY BONUSES
Sections:

17.32.010 Purpose.

17.32.020 Eligibility for bonus, incentives or concessions.

17.32.030 Allowed density bonuses.

17.32.040 Allowed incentives or concessions.

17.32.050 Parking requirements in density bonus projects.

17.32.060 Bonus and incentives for housing with child care facilities.

17.32.070 Continued availability.

17.32.080 Location and type of designated units.

17.32.090 Processing of bonus requests.

17.32.100 Density bonus agreement.

17.32.110 Control of resale.

17.32.120 Judicial relief, waiver of standards.

17.32.010 Purpose.

State Density Bonus Law (SDBL) and the City of Cotati Density Bonus Ordinance (DBO) allows developers to build more residential units than the maximum allowable density in order to incentivize the construction of housing affordable to very-low income, low-income, moderate income, senior, and other qualifying households. As required by CA Government Code Section 65915 et seq., this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified therein. 17.32.020 of this chapter. This chapter is intended to implement the requirements of the CA Government Code Section 65915 et seq. (including as modified from time to time), and the housing element of the Cotati general plan, with regards to density bonus requirements. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.020 Eligibility for bonus, incentives or concessions.

SDBL requires “concessions, incentives and “waivers” be granted to qualifying projects in addition to a density bonus. The city shall grant one density bonus, as specified in CA Government Code Section 65915 et seq., the amount of which shall be based on the proposed number and affordability levels of the base units. If requested by the applicant and consistent with the applicable requirements, incentives, concessions, waivers, reductions of development standards, and parking ratios or other modification to City development criteria necessary to facilitate the construction of the affordable housing units, shall be granted to density bonus projects, as required.

A. Resident Requirements. The housing development shall be designed and constructed so that specific percentages of deed restricted affordable housing units are incorporated into the design and construction of the project.
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B. Density bonus units granted in compliance with this chapter shall not be included when determining the number of housing units that is equal to the percentages of below market rate units required.

C. Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.

D. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements identified in CA Government Code. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

E. The units described in this section are subject to a recorded affordability restriction of 55 years.

17.32.030 Allowed density bonuses.

The amount of a density bonus allowed in a housing development shall be determined by state density bonus and other applicable housing law.

A. Density Bonus. A housing project that complies with the eligibility requirements identified in CA Government Code shall be entitled to density bonuses as identified therein.

B. Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements of CA Government Code and of this chapter shall be eligible for density bonus in keeping with the requirements and criteria therein. .

C. Senior Housing Density Bonus. For housing developments meeting the criteria of state density bonus law specific to senior housing developments, the city shall grant a density bonus increasing the the number of senior housing units as required therein.

D. Mixed Use Density Bonus. For mixed-use projects meeting the mixed use development criteria and Objective Design Standards (ODS) adopted by the City, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus to facilitate and support the development of commercial elements within a mixed-use or commercial zoning district.

E. Cotati Density Bonus. For projects providing twenty percent of the proposed units as affordable housing, consistently spread across very-low-, low- and moderate-income categories and evenly distributed throughout the project site, and which comply with the City’s Objective Design Standards, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus.

Such projects shall be entitled to request one incentive or concession, the granting of which shall be at the sole discretion of the City Council.

F. Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section and state density bonus law for a development that meets the requirements of this section or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section and/or the requirements and allowances of state density bonus law.

1. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two 1144 of 1220
separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in state Government Code governing allowed incentives or concessions.

G. Density Bonus Calculations. The calculation of a density bonus that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

H. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

I. Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of state density bonus law. (Ord. 918 § 7, 2023; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.040 Allowed incentives or concessions.

A. If requested by the applicant and consistent with the applicable requirements, the City shall grant incentives or concessions, waivers or reductions of development standards, and parking ratios if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, pursuant to state Government Code and based on the proposed affordability levels and percentage of project units. The council shall not be required to grant an incentive or concession request if the council makes either of the following findings in writing, based upon substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs, as defined in state Health and Safety Code or for rents for the targeted units to be set as specified in affordability categories as defined in state housing law; or

2. The incentive or concession would have a specific adverse impact, as defined in Government Code upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

B. Number of Incentives. The applicant shall receive the number of incentives or concessions as required under state density bonus law.

C. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:

1. A reduction in the site development standards of this land use code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;
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2. Approval of mixed-use zoning not otherwise allowed by this land use code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3. Other regulatory incentives proposed by the developer or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or

4. In its sole and absolute discretion, a direct financial contribution granted by the council, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

D. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.050 Parking requirements in density bonus projects.

A. Applicability. This section subdivision applies to a development that meets the requirements of state density bonus law, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in state density bonus law in compliance with the allowed incentives or concessions of this chapter and applicable state legislation.

B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. (Ord. 918 § 11, 2023; Ord. 766 § 2 Exh. A (part), 2004).

17.32.060 Bonus and incentives for housing with childcare facilities.

A housing development that complies with the resident and project size requirements of this chapter, and also includes as part of that development a childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

A. Additional Bonus and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section either of the following:

1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. Requirements to Qualify for Additional Bonus and Incentives. The city shall require, as a condition of approving the housing development, that:
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1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 17.32.070 (Continued availability) of this chapter; and

2. Of the children who attend the child care facility, the parents of very low-income households, lower-income households, or families of moderate income shall be offered a discount equal to the percentage of reduced rent offered to them as residents of affordable housing units that are required for very low-income households, lower-income households, or families of moderate income in compliance with this chapter.

The city shall not be required to provide a density bonus for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.070 Continued availability.

A. Duration of Affordability. The applicant shall agree to, and the city shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1. Lower-, Low-, and Moderate-Income Units. The continued availability of lower, low, and moderate income qualifying units shall be maintained for fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

B. Rent Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this section:

1. Lower Income Units. Thirty percent of eighty percent of the area median income, for units targeted for lower-income households, as defined in Health and Safety Code; and

2. Very Low-Income Units. Thirty percent of fifty percent of the area median income, for units targeted for very low-income households, as defined in state Health and Safety Code; and

3. Moderate Income Units. Thirty percent of one hundred and twenty percent of the area median income for units targeted for moderate income households, as defined in state Health and Safety Code.

17.32.080 Location and type of designated units.

A. Location/Dispersal of Units. As required by the council in compliance with this chapter, designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units or phased in another sequence acceptable to the city. (Ord. 766 § 2 Exh. A (part), 2004).
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17.32.090 Processing of bonus requests.

A. Permit Requirement. A request for a density bonus and other incentives shall be evaluated and decided in compliance with this title and state density bonus law.

B. Findings for Approval. In addition to the findings required by state density bonus law, the city shall make all of the following additional findings:

1. The residential development will be consistent with the general plan, except as provided by density bonus law, and other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state density bonus law; and

4. There are sufficient provisions to guarantee that the units will remain affordable for the required 55-year time period. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.100 Density bonus agreement.

A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus and affordability agreement (“agreement”) with the city in the city’s standard form of agreement.

B. Agreement Provisions.

1. Project Information. The density bonus agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income groups to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines, as required;
c. The marketing plan for the affordable units, using the City’s preferred land trust nonprofit entity for for-sale units; d. The location, approximate unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the cost restrictions for designated dwelling units of the time periods required by Section 17.32.070 (Continued availability) of this chapter; f. A schedule for completion and occupancy of the designated dwelling units; 1148 of 1220
g. A description of any additional incentives being provided by the city; h. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and i. Other provisions to ensure successful implementation and compliance with this chapter.

2. Minimum Requirements. The density bonus agreement shall provide, at minimum, that:
a. The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; c. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, lowand very low-income households, as applicable and published by HUD (where required); d. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city’s costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced according to measures included in the agreement.

3. For-Sale Housing Conditions. In the case of for-sale housing developments, the density bonus and/or affordability agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, and/or by qualified residents in the case of senior housing; and
b. That the city’s preferred method of managing and administering for-sale affordable housing units is via the use of a land-trust based not for profit organization who takes primary responsibility for administering the marketing, management, sale and future transfer of below-market rate units within the city.
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c. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period,
ii. Contains provisions as the city may require to ensure continued compliance with this chapter and state law, and
iii. Shall be recorded against the parcel containing the designated dwelling unit.

4. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.32.070 (Continued availability) of this chapter.

C. Execution of Agreement.

1. Following council approval of the density bonus agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2. The approval and recordation shall take place at the same time or prior to the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The agreement shall be binding to all future owners, developers, and/or successors-ininterest. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.110 Control of resale.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:

A. The price received by the seller of an affordable unit shall be limited to an amount consistent with an increase in the purchase price based on the percentage of the appreciation in the Area Median Income for Sonoma County as published by the California Department of Housing and Community Development (HCD) for the applicable affordability level since the date of purchase, or the fair 1150 of 1220
market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director of the Community Development Department.

B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers (unless reduced by the City). Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city (or its designee) the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.

D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.120 Judicial relief, waiver of standards.

A. Judicial Relief. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession.

B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.

1. As required by Government Code , the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 17.32.020(A) at the densities or with the concessions or incentives permitted by this chapter and/or state density bonus law.

2. An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, placement of public works improvements, or other standards allowed under state density bonus law.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. City Exemption. Notwithstanding the provisions of subsections A and B of this section, nothing in this section shall be interpreted to require the city to:

1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse 1151 of 1220
impact, as defined in applicable Government Code Sections, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 766 § 2 Exh. A (part), 2004). 1152 of 1220
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING CHAPTER 17.32 DENSITY BONUSES OF THE COTATI MUNICIPAL CODE TO

ESTABLISH CONSISTENCY WITH CHANGES IN STATE DENSITY BONUS LAW, CREATE COTATI SPECIFIC DENSITY BONUSES AND IDENTIFY THE LANDTRUST MODEL IS THE PREFERRED METHOD FOR MANAGING FOR-SALE

AFFORDABLE HOUSING UNITS
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 the Cotati Municipal Code is to codify mandates in state law and set the standards for implementation of said mandates in order to ensure consistent implementation of the law 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 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 update the Cotati municipal code to meet the changes in state density bonus regulations and provide local density bonus alternatives. 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, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the General Plan.

WHEREAS, on August 27, 2024, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to establish amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish consistency with state density bonus law and establish local density bonus allowances and implementation requirements, 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. 1153 of 1220

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, 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 consistency with state density bonus law and create expanded local density bonus allowances.

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 consistency with state density bonus law and establish local density bonus allowances, 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, the proposed amendments to Chapter 17.32 Density Bonuses implement the below referenced Housing Element and General Plan policies in that partnering with a land-trust for the monitoring of affordable housing units reduces the administrative burden on the city and ensures consistency in the implementation of affordable housing requirements; additional density allowed in density bonus projects will increase incentives for in-fill development and provide additional residential units in close proximity to local amenities and employment opportunities; these changes will further support implementation of the density bonus parking allowances; the changes will support increased compact development and housing near local employment and supporting the use of alternative transportation methods; and the updated language will further encourage mixed use and transit oriented development through clarifying the increased allowable density, including around the Hub and major corridors.

Program 1-3: Non-Profit and Agency Coordination: Continue working with and develop new relationships with local agencies, non-profit housing providers and local organizations.

Program 1-5: Preservation of Affordable Housing: To Facilitate the preservation of deed restricted and other existing affordable housing, and protect residents from displacement, the City will continue to monitor affordable housing developments, facilitate the acquisition of expiring properties and conduct outreach to property owners.

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 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. 1154 of 1220 In addition, these amendments are consistent with and implement the following General Plan policies and programs in that they will increase the allowable density of residential development; put these additional units within closer proximity to multi-modal transportation infrastructure and support the development of mixed use projects by allowing additional density increase beyond those allowed at the state level:

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 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 2.10: 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.

In conformance with California Environmental Quality Act (CEQA), the City Council finds that the proposed amendments to the Cotati Land Use Code related to density bonus are consistent with and implement the goals, policies, and objectives of the 2015 General Plan, the 6th Cycle Housing Element and state density bonus law and therefore finds that these proposed revisions conform 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, and other previously completed environmental analysis.

The Council further finds that all adopted mitigating General Plan policies, mitigation measures identified in the 2015 General Plan EIR and Housing Element Mitigated Negative Declaration will address any potential environmental impacts of the proposed code changes. Further, these changes are being mandated by updates to state density bonus law and future project-specific environmental analysis of any housing development proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed.

SECTION 5: Amendment to the Cotati Municipal Code. Chapter 17.32 is amended to read as follows:

Chapter 17.32

DENSITY BONUSES
Sections:

17.32.010 Purpose.

17.32.020 Eligibility for bonus, incentives or concessions.

17.32.030 Allowed density bonuses.

17.32.040 Allowed incentives or concessions.

17.32.050 Parking requirements in density bonus projects.

17.32.060 Bonus and incentives for housing with child care facilities.

17.32.070 Continued availability.

17.32.080 Location and type of designated units.

17.32.090 Processing of bonus requests.

17.32.100 Density bonus agreement.

17.32.110 Control of resale.

17.32.120 Judicial relief, waiver of standards. 1155 of 1220

17.32.010 Purpose.

State Density Bonus Law (SDBL) and the City of Cotati Density Bonus Ordinance (DBO) allows developers to build more residential units than the maximum allowable density in order to incentivize the construction of housing affordable to very-low income, low-income, moderate income, senior, and other qualifying households. As required by CA Government Code Section 65915 et seq., this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified therein. 17.32.020 of this chapter. This chapter is intended to implement the requirements of the CA Government Code Section 65915 et seq. (including as modified from time to time), and the housing element of the Cotati general plan, with regards to density bonus requirements. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.020 Eligibility for bonus, incentives or concessions.

SDBL requires “concessions, incentives and “waivers” be granted to qualifying projects in addition to a density bonus. The city shall grant one density bonus, as specified in CA Government Code Section 65915 et seq., the amount of which shall be based on the proposed number and affordability levels of the base units. If requested by the applicant and consistent with the applicable requirements, incentives, concessions, waivers, reductions of development standards, and parking ratios or other modification to City development criteria necessary to facilitate the construction of the affordable housing units, shall be granted to density bonus projects, as required.

A. Resident Requirements. The housing development shall be designed and constructed so that specific percentages of deed restricted affordable housing units are incorporated into the design and construction of the project.

B. Density bonus units granted in compliance with this chapter shall not be included when determining the number of housing units that is equal to the percentages of below market rate units required.

C. Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.

D. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements identified in CA Government Code. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

E. The units described in this section are subject to a recorded affordability restriction of 55 years.

17.32.030 Allowed density bonuses.

The amount of a density bonus allowed in a housing development shall be determined by state density bonus and other applicable housing law.

A. Density Bonus. A housing project that complies with the eligibility requirements identified in CA Government Code shall be entitled to density bonuses as identified therein.

B. Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements of CA Government Code and of this chapter shall be eligible for density bonus in keeping with the requirements and criteria therein. .
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C. Senior Housing Density Bonus. For housing developments meeting the criteria of state density bonus law specific to senior housing developments, the city shall grant a density bonus increasing the the number of senior housing units as required therein.

D. Mixed Use Density Bonus. For mixed-use projects meeting the mixed use development criteria and Objective Design Standards (ODS) adopted by the City, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus to facilitate and support the development of commercial elements within a mixed-use or commercial zoning district.

E. Cotati Density Bonus. For projects providing twenty percent of the proposed units as affordable housing, consistently spread across very-low-, low- and moderate-income categories and evenly distributed throughout the project site, and which comply with the City’s Objective Design Standards, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus. Such projects shall be entitled to request one incentive or concession, the granting of which shall be at the sole discretion of the City Council.

F. Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section and state density bonus law for a development that meets the requirements of this section or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section and/or the requirements and allowances of state density bonus law.

1. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in state Government Code governing allowed incentives or concessions.

G. Density Bonus Calculations. The calculation of a density bonus that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

H. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

I. Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of state density bonus law. (Ord. 918 § 7, 2023; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.040 Allowed incentives or concessions.

A. If requested by the applicant and consistent with the applicable requirements, the City shall grant incentives or concessions, waivers or reductions of development standards, and parking ratios if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, pursuant to state Government Code and based on the proposed affordability levels and percentage of project units. The council shall not be required to grant an incentive or concession request if the council makes either of the following findings in writing, based upon substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs, as defined in state Health and Safety Code or for rents for the targeted units to be set as specified in affordability categories as defined in state housing law; or 1157 of 1220

2. The incentive or concession would have a specific adverse impact, as defined in Government Code upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

B. Number of Incentives. The applicant shall receive the number of incentives or concessions as required under state density bonus law.

C. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:

1. A reduction in the site development standards of this land use code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;

2. Approval of mixed-use zoning not otherwise allowed by this land use code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3. Other regulatory incentives proposed by the developer or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or

4. In its sole and absolute discretion, a direct financial contribution granted by the council, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

D. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.050 Parking requirements in density bonus projects.

A. Applicability. This section subdivision applies to a development that meets the requirements of state density bonus law, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in state density bonus law in compliance with the allowed incentives or concessions of this chapter and applicable state legislation.

B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. (Ord. 918 § 11, 2023; Ord. 766 § 2 Exh. A (part), 2004).

17.32.060 Bonus and incentives for housing with childcare facilities.

A housing development that complies with the resident and project size requirements of this chapter, and also includes as part of that development a childcare facility other than a large or small family day care 1158 of 1220
home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

A. Additional Bonus and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section either of the following:

1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. Requirements to Qualify for Additional Bonus and Incentives. The city shall require, as a condition of approving the housing development, that:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 17.32.070 (Continued availability) of this chapter; and

2. Of the children who attend the child care facility, the parents of very low-income households, lower-income households, or families of moderate income shall be offered a discount equal to the percentage of reduced rent offered to them as residents of affordable housing units that are required for very low-income households, lower-income households, or families of moderate income in compliance with this chapter.

The city shall not be required to provide a density bonus for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.070 Continued availability.

A. Duration of Affordability. The applicant shall agree to, and the city shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1. Lower-, Low-, and Moderate-Income Units. The continued availability of lower, low, and moderate income qualifying units shall be maintained for fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

B. Rent Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this section:

1. Lower Income Units. Thirty percent of eighty percent of the area median income, for units targeted for lower-income households, as defined in Health and Safety Code; and

2. Very Low-Income Units. Thirty percent of fifty percent of the area median income, for units targeted for very low-income households, as defined in state Health and Safety Code; and

3. Moderate Income Units. Thirty percent of one hundred and twenty percent of the area median income for units targeted for moderate income households, as defined in state Health and Safety Code. 1159 of 1220

17.32.080 Location and type of designated units.

A. Location/Dispersal of Units. As required by the council in compliance with this chapter, designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units or phased in another sequence acceptable to the city. (Ord. 766 § 2 Exh.

A (part), 2004).

17.32.090 Processing of bonus requests.

A. Permit Requirement. A request for a density bonus and other incentives shall be evaluated and decided in compliance with this title and state density bonus law.

B. Findings for Approval. In addition to the findings required by state density bonus law, the city shall make all of the following additional findings:

1. The residential development will be consistent with the general plan, except as provided by density bonus law, and other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state density bonus law; and

4. There are sufficient provisions to guarantee that the units will remain affordable for the required 55-year time period. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.100 Density bonus agreement.

A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus and affordability agreement (“agreement”) with the city in the city’s standard form of agreement.

B. Agreement Provisions.

1. Project Information. The density bonus agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income groups to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines, as required;
c. The marketing plan for the affordable units, using the City’s preferred land trust non-profit entity for for-sale units; 1160 of 1220
d. The location, approximate unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the cost restrictions for designated dwelling units of the time periods required by Section 17.32.070 (Continued availability) of this chapter; f. A schedule for completion and occupancy of the designated dwelling units; g. A description of any additional incentives being provided by the city; h. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and i. Other provisions to ensure successful implementation and compliance with this chapter.

2. Minimum Requirements. The density bonus agreement shall provide, at minimum, that:
a. The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; c. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low- and very low-income households, as applicable and published by HUD (where required); d. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city’s costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced according to measures included in the agreement.

3. For-Sale Housing Conditions. In the case of for-sale housing developments, the density bonus and/or affordability agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, and/or by qualified residents in the case of senior housing; and
b. That the city’s preferred method of managing and administering for-sale affordable housing units is via the use of a land-trust based not for profit organization who takes primary 1161 of 1220 responsibility for administering the marketing, management, sale and future transfer of belowmarket rate units within the city. c. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period,
ii. Contains provisions as the city may require to ensure continued compliance with this chapter and state law, and
iii. Shall be recorded against the parcel containing the designated dwelling unit.

4. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.32.070 (Continued availability) of this chapter.

C. Execution of Agreement.

1. Following council approval of the density bonus agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2. The approval and recordation shall take place at the same time or prior to the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The agreement shall be binding to all future owners, developers, and/or successors-in-interest. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.110 Control of resale.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:

A. The price received by the seller of an affordable unit shall be limited to an amount consistent with an increase in the purchase price based on the percentage of the appreciation in the Area Median Income for Sonoma County as published by the California Department of Housing and Community Development (HCD) for the applicable affordability level since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the 1163 of 1220
city of their intent to sell. The notice shall be provided by certified mail to the director of the Community Development Department.

B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers (unless reduced by the City). Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city (or its designee) the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.

D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.120 Judicial relief, waiver of standards.

A. Judicial Relief. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession.

B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.

1. As required by Government Code , the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 17.32.020(A) at the densities or with the concessions or incentives permitted by this chapter and/or state density bonus law.

2. An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, placement of public works improvements, or other standards allowed under state density bonus law.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. City Exemption. Notwithstanding the provisions of subsections A and B of this section, nothing in this section shall be interpreted to require the city to:

1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in applicable Government Code Sections, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 766 § 2 Exh. A (part), 2004). 1163 of 1220
SECTION 6: 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.

SECTION 7: Effective date.

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

SECTION 8: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:

Mayor
Attest:

Kevin Patterson, Deputy City Clerk
Approved as to form:

John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806 Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject:

Date:

INITIATIVE PETITION FOR SONOMA COUNTY PROHIBITION ON

CONCENTRATED ANIMAL FEEDING OPERATIONS ORDINANCE (MEASURE J) August 27, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review and discuss the attached materials and consider adoption of a resolution opposing Measure J.

Background
A coalition of animal rights activists and others have qualified an initiative measure entitled Sonoma County Prohibition on Concentrated Animal Feeding Operations, designated as Measure J. Measure J (2024) is a ballot measure that will be put before Sonoma County voters on the November 5, 2024 General Election.

On Jan. 1, 2024, California's Proposition 12 (Prop 12) went into full effect, requiring certain farm owners, operators and distributors of covered farm animals such as egg-laying hens, commercial breeding pigs and veal calves (covered entities) to provide more humane living conditions for these animals. The regulations apply to both in-state entities and out-of-state entities that intend to sell in California, and failure to comply with the regulations will render the food products unsaleable in California.

At the City Council meeting on August 13, 2024, the City Council requested a future agenda item to discuss and potentially oppose Measure J.

Analysis/Discussion
According to the County of Sonoma’s title and summary (see attachments) performed by County 1167 of 1220
Item type: REGULAR AGENDA (ACTION)
City Council

REGULAR AGENDA (ACTION)
Counsel, Measure J, if adopted by the voters, “would amend the Sonoma County Code to phaseout existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase out operations in violation. It would not apply to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products. It would not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.” Accordingly, Measure J only applies to CAFOs within unincorporated California and not CAFOs within Petaluma’s jurisdiction. Financial penalties of up to $10,000 per day of violation are possible.

According to the summary, the animals covered under the CAFO regulations include “cattle or cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens, laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. A small CAFO is one that is smaller than a medium CAFO and designated by the permitting agency as a significant contributor of pollutants. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

Two or more operations could together be considered a CAFO if certain criteria are met.” Measure J would “require registration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a noticed public meeting. The ordinance would require the Agricultural Commissioner to create a job-retraining program for CAFO Workers.”
The website of Measure J’s proponents lists 21 Sonoma County farms that would be phased out over a 3-year period under Measure J, including 15 poultry farms and 6 dairies, with most of the farms in south Sonoma County. The website advocating for the approval of Measure J can be found here: https://www.endfactoryfarming.vote/
To date, the Sonoma County Board of Supervisors (BOS), the City of Petaluma and City of Healdsburg have taken positions opposing Measure J. The BOS requested an impact analysis of the measure prior to placing the initiative on the ballot. To respond to that direction, a number of County of Sonoma departments and agencies have provided analysis of the effects of Measure J including the following excerpts (full analyses attached):
• Sonoma County Department of Agriculture/Weights & Measures – “It represents a completely new program that is anticipated to have ongoing expenses reaching or exceeding $1.6 million in county general fund support. It is not eligible for current state funding mechanisms that support the programs and services administered by Agricultural Commissioners in the state.”
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• Sonoma County Agricultural Preservation and Open Space District – “There is potential that seven of the eight active dairy operations that we have protected could be impacted by this proposed ordinance… Our conservation purpose will not be fully realized if agricultural production is no longer viable on these properties. In addition, Ag+ Open Space has conserved less than 15% of grasslands in Sonoma County. The remaining grasslands are more threatened by subdivision and development when agriculture is no longer possible. Therefore, the proposed ordinance has the potential to increase the threat to the remaining grasslands throughout the county.” The Sonoma County Agricultural Preservation and Open Space District has worked with owners of working farms and ranches throughout Sonoma County, especially those most at risk for conversion to nonagricultural uses, through purchase of conservation easements to preserve the scenic and natural resources of agricultural lands, and has invested approximately $126 million in local sales tax proceeds to conserve more than 90 farms and ranches totaling nearly 60,000 acres, and 16 of the District’s agricultural easements are on dairy land or land that supports dairy operations, and seven of the eight active dairy farms protected by the District could be impacted by Measure J.
• Sonoma County Assessor’s Office – “The Assessor does not track the data necessary to identify large or medium CAFOs and, since each property’s base year value is determined individually, the Assessor cannot make a generalized estimate of the impact of value.” The Assessor’s office also notes that agricultural properties under a Williamson Act contract typically see reduced assessed values of a minimum of 25% for the agricultural component. Removing property from a Williamson Act contract takes 10 years, whether it is the request of the property owner or for non-compliance. • Economic Development Board – “The results of this analysis presented a significant impact to the Sonoma County economy referencing losses in agricultural products ($259 million), reductions in spending through the region ($38 million) in addition to a significant loss of labor income and employment. The findings of the report conclude that for every job lost from the livestock and poultry production sector, we can expect to lose one additional job from the Sonoma County economy.” The attached summary contains the Economic Development Board’s analysis which details the number of Medium and Large CAFOs by Supervisor District. Cotati is wholly within District 2, which has 30 medium CAFOs and 5 large CAFOs. The analysis contains details about the economic value of agricultural operations.
• County of Sonoma, Human Services Department – “The primary and most predictable impact would be to our Employment and Training Division, which provides services to employers and employees in the community. A secondary and more difficult to predict impact could be to our Economic Assistance Division, where there may be an increased demand for CalFresh and Medi-Cal benefits. In order to provide intensive services to impacted individuals who are likely to seek assistance, Job Link estimates needing additional funding in the amount of $1,496,000. This is based on an assumption of 25% uptake of the total number of affected employees, which would equate to 110 individuals, using our known per person training cost and the cost of employment counselors. If 1169 of 1220
additional funding was not available, it would take 24-30 months for Job Link to serve all affected individuals and would cause displacement of other job seekers in the community in need of Job Link services.”
• County of Sonoma, Permit Sonoma – “The proposed ordinance could support County initiatives for improved biodiversity in agricultural and a reduction of some negative environmental impacts such as green house gas emissions however as proposed the definitions would conflict with existing code and stated County objectives. If passed, the proposed ballot initiative to prohibit CAFOs in the unincorporated County could impact County organizational resources, both staffing and fiscal; the local economy and businesses; and agricultural workers and the general public through job loss and food system changes… Business closures and job losses are likely to have disproportionate impacts on low income, immigrant farmworker families. Potential reductions to the supply of locally sourced food products could affect the local food system, including food prices.

Preserving agricultural lands and food production are integral to Sonoma County‘s identity and a large part of our economy. They provide local food options and are a significant part of the economy and tourism in Sonoma County.

In 2008, the City in partnership with the Open Space District, purchased the Veronda Falletti Ranch as a demonstration farm for agriculturally based education. The City also has an urban growth boundary (UGB) to maintain a greenbelt, which relies on preservation of viable agricultural lands outside of the UGB.

Depending on the ultimate scope of farm closures, there will be some level of impact to local food production, the economy (including tourism), jobs and the ability to preserve greenbelts.

Financial Considerations
If Measure J is approved by voters, there is not expected to be any direct financial impact to the City. Depending on the ultimate scope of farm closures in Sonoma County, there would be some level of indirect impacts on residents and businesses who work with or in the agricultural sector, such as job loss, tourism and lower economic activity overall. Farms generally could also be subject to third party lawsuits with the private right of action.

Environmental Issues
The proposed resolution opposing Measure J has no environmental impact. 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)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI OPPOSING

SONOMA COUNTY MEASURE J
WHEREAS, Sonoma County and Cotati have a rich farming history dating back more than a century, including invention of the artificial incubator in the 1880s, and thriving poultry farms producing millions of eggs annually by the 1920s, as well as nearby dairy farms in the Petaluma area hosting the three largest creameries on the west coast, producing over 4 million pounds of butter annually by the 1920’s, and
WHEREAS, Sonoma County’s agricultural heritage continues to be celebrated annually, from the Petaluma Butter and Eggs Day and Sonoma-Marin Fair to the Cloverdale Citrus Fair, with numerous other Sonoma County ag and fair events in between; and WHEREAS, the agricultural sector in Sonoma County proved resilient during the depression while shifting toward larger farms after World War II; and WHEREAS, modern agriculture in Sonoma County has embraced organic farming and specialty produce, supporting farm to table restaurants and numerous farmers’ markets, and hosting storied food producers like Clover Sonoma, Strauss Family Creamery, and Petaluma Poultry, with their Rosie and Rocky Free-range chickens; and WHEREAS, Sonoma County farming accounts for significant economic activity and food production for the region, with Sonoma County hosting 50 dairies, 84% of them certified organic, milking an average of 350 cows and comprising nearly 41% of California’s certified organic dairies and certified organic mature dairy cattle producing 42.4 Million gallons of milk annually valued at $114 million, with Sonoma County producing 13% of the national volume of organic milk in 2022, and annual values produced of almost $33 million in poultry, $30 million in eggs, $20 million in cattle and calves, and $5 million in sheep, with livestock and poultry production alone responsible for $418 million in total output, $80 million in labor income and almost 1,400 jobs annually; and
WHEREAS, Sonoma County dairies currently graze over 45,000 acres and farm 8,100 acres, managing over 53,000 acres, and lands managed by dairies sequester almost 23 million tons of carbon dioxide more than they would otherwise; and WHEREAS, the Sonoma County Agricultural Preservation and Open Space District has worked with owners of working farms and ranches throughout Sonoma County, especially those most at risk for conversion to non-agricultural uses, through purchase of conservation easements to preserve the scenic and natural resources of agricultural lands, and has invested approximately $126 million in local sales tax proceeds to conserve more than 90 farms and ranches totaling nearly 60,000 acres, and 16 of the District’s agricultural easements are on dairy land or land that supports dairy operations, and seven of the eight active dairy farms protected by the District could be impacted by Measure J; and
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WHEREAS, Sonoma County dairy and poultry farms follow animal care standards of the National Organic Program or third party welfare certification programs, and comply with Proposition 12 specifying space minimums for egg-laying hens, veal and breeding hog farms; and
WHEREAS, Sonoma County Dairies are not considered point source polluters and are regulated by the North Coast and San Francisco Bay Regional Water Quality Control Boards subject to regulations prohibiting pollution and specifying water quality standards dairies must meet; and
WHEREAS, a coalition of animal rights activists and others have qualified an initiative measure entitled Sonoma County Prohibition on Concentrated Animal Feeding Operations, designated as Measure J, for the November, 2024 Sonoma County general election; and WHEREAS, if approved by the voters, Measure J would prohibit new farms and phase out within 3 years existing Sonoma County farms that qualify as Concentrated Animal Feeding operations, as defined in Environmental Protection Agency pollution discharge regulations, in all zoning districts in unincorporated Sonoma County outside the coastal zone, and apply to cattle, veal calves, swine, horses, sheep, lambs, turkeys, chickens and ducks, subject to penalties of $1,000 for the first day, $5,000 for the second day, and $10,000 for the third and subsequent days, creating a private cause of action (allowing private parties to also sue the farms) with attorneys fees awards to enforce violations, and imposing new, unfunded regulatory and administrative mandates on Sonoma County government to enforce Measure J’s prohibitions against local farms; and
WHEREAS, the website of Measure J’s proponents lists 21 Sonoma County farms that would not be allowed under Measure J, including 15 poultry farms and 6 dairies, with most of the farms in south Sonoma County.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cotati as follows:

1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and are incorporated into this resolutions as findings of the City Council..

2. Measure J Opposed. The City Council of the City of Petaluma hereby joins together in opposing Measure J on the Sonoma County 2024 general election ballot, and urges all Sonoma County voters to vote “no” on measure J. A “no” vote on Measure J will:
a. Support the region’s farms, which have been providing dairy, poultry and other agricultural products for the region and the state for more than a century, and that are still celebrated throughout Sonoma County with fairs, farmers markets, and other community events celebrating regional agriculture; and 1172 of 1220
b. Protect Sonoma County’s agricultural economy providing milk and other dairy products, eggs and poultry for the region and the state, comprising nearly 41% of California certified organic dairies and as much as 13% of the nation’s organic milk, and accounting for hundreds of millions of dollars in agricultural products sales and revenues for ag supporting businesses, and almost 1,400 agricultural and agriculture support jobs for the local economy; and
c. Preserve the decades and generations long investments of Sonoma County farming families in their dairy, poultry and other farming operations, and avoid the permanent loss of 15 poultry operations and 6 dairy operations in Sonoma County targeted for closure under Measure J; and
d. Safeguard the benefits of local, high quality agricultural production serving local markets, keep agricultural products affordable and reduce the cost of transporting local agricultural products, reduce the region’s reliance on imported agricultural products and avoid generation of greenhouse gases as well as support local food security and avoid reliance on imported agricultural products; and e. Maintain Sonoma County’s urban separators, green belts and open spaces and the scenic beauty, fire safety, wildlife corridor and other important benefits they provide to the region through preservation of managed agricultural lands sequestering almost 23 million tons of carbon dioxide more than they would otherwise; and
f. Avoid the imposition of costly, unfunded regulatory and enforcement mandates on Sonoma County government - traditionally responsible for supporting the agricultural sector - directing scarce public funds at policing the closure of important local food producers and away from other important public service needs.

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 August 27, 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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County Counsel's Title & Summary
Sonoma County Prohibition on Concentrated Animal Feeding Operations This measure,if adopted by the voters, would amend the Sonoma County Code to phase-out existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase outoperations in violation. It would not apply to a registered non-profit animal shelter, sanctuary, or rescueorganization whichdoes not sellanimals or animal products. It would not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.

The proposed ordinance would provide for a daily penalty of $1,000 for the firstday, $5,000 for the second day, and $10,000 for the third and subsequentdays in violation. It authorizes enforcement by any interested party or the Sonoma County Department of Agriculture, Weights and Measures ("Agricultural Commissioner"). The Agricultural Commissioner would berequired to establish a system for receiving, investigating, and retaining complaints. The proposed ordinance would provide for attorneys' fees and coststo the prevailing party. It would make it a misdemeanor to retaliate against another person for making a good-faith complaint.

The proposed ordinance would define CAFO in accordance with federal regulations. The animals covered would be cattleor cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens,laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. A small CAFO is one that is smaller than a medium CAFO and designated by the permitting agency as a significant contributor of pollutants. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion ofthe lot or facility. Two or more operations could together be considered a CAFO if certain criteria are met.

The proposed ordinancewould requireregistration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a Californiabased humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a noticed public meeting. The ordinance would require the Agricultural Commissioner to create a job-retraining program for CAFO workers. s/Robert Pittman
County Counsel
FILED
SEP · 7 2023
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PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS
WHEREAS, the people of Sonoma County value healthy communities and a healthy environment; and
WHEREAS, the people of Sonoma County value the humane treatment of animals; and WHEREAS, the U.S. Supreme Court upheld California's Proposition 12 (the Farm Animal Confinement Initiative), the nation's strongest farm animal welfare law1 , which was supported
by 61.6% of Sonoma County voters2
; and
WHEREAS, hundreds of Concentrated Animal Feeding Operations (CAFOs) presently operate in California3, including over a dozen in Sonoma County; and WHEREAS, millions of animals are confined in CAFOs across California4 ; and
WHEREAS, it is a well-established scientific fact, as supported by thousands of studies exploring animal cognition, that animals have emotions, personalities, and the ability to feel pain, fear, and stress5
; and
WHEREAS, every day, animals are treated inhumanely at CAF0s6 ; and
WHEREAS, the treatment of animals in CAFOs routinely violates California animal cruelty laws, with little to no accountability; and
WHEREAS, CAFOs have severe negative public health and environmental impacts due to the large amounts of concentrated, potentially toxic waste they produce and the infectious diseases they facilitate and harbor7; and
WHEREAS, investigators have found antibiotic-resistant bacteria and infectious diseases in CAFOs in California8 and across the U.S.9
; and FILED
AUG 2 1 2023
so 1 https://www.supremecourt.gov/opi nions/22pdf/21-468 _ 5if6. pdf By 2 https://sonomacounty.ca.gov/administrative-support-and-fiscal-services/clerk-recorder-assessor-regist ra r-of-voters/reg istra r-of-vote rs/election s/novem ber-6-2018-ge n era I-e lection-fi nal-resu Its 3 https://www3.epa.gov/npdes/pubs/region9.pdf 4 https://www3.epa.gov/npdes/pubs/region9.pdf
5 https://www.livescience.com/39481-time-to-declare-animal-sentience. html 6 https ://www. centerforfood safety. org/i ssues/30 7 /an ima I-factori es/animal-factories-and-an i ma I-welfare 7 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf https://www.vice.com/en/article/g5bjjb/the-next-pandemic-could-come-from-an-american-factory-farm 9 https://www.scientificamerican.com/article/how-drug-resistant-bacteria-travel-from-the-farm-to-your-ta ble/
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WHEREAS, given that three out of four emerging infectious diseases are zoonotic10, CAFOs pose a serious risk to public health 11
; and
WHEREAS, emissions from industrial animal agricultural operations are a significant cause of climate change, with livestock contributing 14.5 percent of all greenhouse gas emissions12
; and
WHEREAS, by worsening climate change via the release of greenhouse gasses such as methane, 14 CAFOs are a major contributor to the drought and wildfires in California13• ; and WHEREAS, it is projected that the global industrial agricultural sector will nearly double in greenhouse gas emissions by 205015; and
WHEREAS, globally, CAFOs and other intensive farming practices are the primary driver of biodiversity loss through dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats 16; and
WHEREAS, biodigesters (which can convert animal waste into energy) have been shown to be ineffective at mitigating the public health and environmental impacts of CAFOs, as they can produce other harmful chemicals without fully removing toxins from the environment17; and
WHEREAS, workers at CAFOs face health risks due to exposure to harmful substances and antibiotic-resistant bacteria, as well as high rates of respiratory injuries, musculoskeletal injuries, and anxiety and depression18; and
WHEREAS, CAFOs disproportionately affect low-income and disadvantaged communities, raising social and environmental justice concerns19
; and
10 https://www.cdc.gov/onehealth/basics/zoonotic-diseases.html 11 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf 12 https://www.fao.org/news/story/en/item/197623/icode/ 13 https://vitalsigns.edf.org/story/what-does-californias-flooding-and-drought-have-do-climate-change 14 https://www.ppic.org/publication/climate-change-and-californias-water/ 15 https://www.ewg.org/news-insights/news/2023/02/will-agriculture-be-americas-leading-source-greenh ouse-gas-emissions
16 https ://www. chatha mhouse. org/sites/d eta ulUfi les/2 021-02/2021-02-03-food-syste m-biodiversity-loss-b enton-et-al_0. pdf 17
https://www.foodandwaterwatch.org/wp-contenUuploads/2021 /03/ib _1906 _biogas_manu re-2019-web. pdf
18 https ://elf. jhs ph. ed u/sites/defa u IUfi les/2 021-05/esse ntia I-and-in-_ cri sis-a-review-of-the-pub I ic-health-th reats-facing-farmworkers-in-the-us.pdf 19
https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2020/01/ 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations 1177 of 1220
WHEREAS, proximity to CAFOs significantly decreases property values, with a 2015 study showing that properties within 3 miles of a CAFO lost up to 26% of their value and properties within ¼ mile of a CAFO lost up to 88% of their value20; and WHEREAS, legislation (the Farm System Reform Act) has been proposed in U.S. Congress which would place a moratorium on the construction of large CAFOs and enact other restrictions on resource-intensive factory farming21; and WHEREAS, the American Public Health Association has called for federal, state, and local governments to impose a moratorium on new and expanding CAFOs22 ; and
WHEREAS, several other jurisdictions across the U.S. have placed restrictions on CAFOs23 ;
and
WHEREAS, the County of Sonoma has a legitimate and substantial interest in promoting public health and encouraging responsible environmental practices; and WHEREAS, it is the intent of Sonoma County to prohibit CAFOs in order to protect the environment, animals, and the health and well-being of its residents and communities; and WHEREAS, it is also the intent of Sonoma County to provide a retraining and employment assistance program for workers at CAFOs to facilitate the transition to safer forms of work; and
WHEREAS, the present Ordinance is in line with Sonoma County's values as an agricultural community that respects the environment and responsible agricultural practices; NOW, THEREFORE, the People of the County of Sonoma ordain as follows:

SECTION 1: ADDITION OF §26-18-075.

Section 26-18-075 is hereby added to read as follows:

Sec. 26-18-075 Animal Keeping: Concentrated Animal Feeding Operations A.Purpose.

The Purpose of this Section is to protect the environment, animals, and the health and well-being of Sonoma County residents and communities by prohibiting the
20 https://www.nar.realtor/animal-feedlots 21 https://www.congress.gov/bill/117th-congress/senate-bill/2332 22 https ://www. ap ha. org/pol i cies-a nd-advocacy /public-health-po I icy-statements/pol icy-data base/2020/01 / 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations 23 https://www.wisfarmer.com/story/news/2023/07/07/officials-in-the-remaining-towns-with-livestock-regul ations-wonder-whether-they-too-are-in-legal-cro/70387371007 I 1178 of 1220
operation of CAFOs, as defined herein, within the unincorporated areas of the County.

B. Definitions.

The following words and phrases as used in this Chapter shall be defined as follows:
"Animal feeding operation" or "AFO" means a lot or facility that meets the regulatory definition of an AFO as set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 202324. Specifically, a lot or facility (other than an aquatic animal production facility) is deemed an AFO where the following conditions are met:
(i) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12- month period, and
(ii) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. "Concentrated Animal Feeding Operation" or "CAFO" means an AFO which meets the definition of a Medium CAFO or Large CAFO, as defined herein, and set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023, or which is designated as a CAFO of any size by the permitting authority25. "Large CAFO" means an AFO which confines at least the number of animals described in Table 18-0.
"Medium CAFO" means an AFO which falls within the size range in Table 18-0 and either:
(i) has a man-made ditch or pipe that carries manure or wastewater to surface water; or
(ii) the animals come into contact with surface water that passes through the area where they're confined; or
(iii) is designated as a Medium CAFO by the permitting authority due to being a significant contributor of pollutants.
"Pre-Existing CAFO" means a CAFO currently in existence in Son·oma County at the time this Ordinance becomes effective.
"Small CAFO" means an AFO which confines fewer than the number of animals listed in Table 18-0 and which has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.
24 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23. 25 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23. 1179 of 1220
Table 18-0: Size Thresholds for CAFOs
Animal Sector Size Threshold: Large
CAFOs
Size Threshold: Medium
CAFOs
Cattle or cow/calf pairs
Mature dairy cattle
1,000 or more
700 or more
300 - 999
200 - 699
Veal calves 1,000 or more 300 - 999
Swine (weighing over 55
pounds)
2,500 or more 750 - 2,499
Swine (weighing less than
pounds)
10,000 or more 3,000 - 9,999
Horses 500 or more 150 - 499
Sheep or lambs 10,000 or more 3,000 - 9,999
Turkeys 55,000 or more 16,500 - 54,999
Laying hens or broilers
(liquid manure handling
systems)
30,000 or more 9,000 - 29,999
Chickens other than
laying hens (other than a
liquid manure handling
systems)
125,000 or more 37,500 - 124,999
Laying hens ( other than a
liquid manure handling
systems)
82,000 or more 25,000 - 81,999
Ducks (other than a liquid
manure handling
systems)
30,000 or more 10,000 - 29,999
Ducks (liquid manure
handling systems)
5,000 or more 1,500 - 4,999
C.Aggregation.

Two or more lots or facilities that collectively meet the definition of a CAFO shall together be deemed a CAFO if they are under common ownership and are either on adjoining parcels or share a waste disposal system.

D.Prohibition of CAFOs; Exceptions.

1. No person shall establish, operate, expand, or maintain a CAFO in unincorporated Sonoma County on or after the date of the enactment of this Section.
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2. This Section does not limit or impact the availability of remedies under other applicable local, state and federal laws, regulations, and ordinances, including but not limited to laws, regulations, and ordinances regarding environmental protection and animal cruelty.

3. The prohibitions in this Section shall not apply to an evacuation area set up to temporarily stable animals in the case of a natural disaster or a declared state of emergency, or to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products.

E. Existing CAFOs; Phase-Out Period.

1. Notwithstanding anything in this Section, Pre-Existing CAFOs shall be deemed a nonconforming use and shall be required to register on a public database maintained by the Sonoma County Department of Agriculture, Weights and Measures.

2. Pre-Existing CAFOs shall be given a phase-out period of no more than three (3) years from the effective date of this Section to modify or terminate their operations such that they are no longer classified as a CAFO. Proof of this shall be provided to the Agricultural Commissioner prior to the end of the phase-out period.

During the phase-out period, Pre-Existing CAFOs shall not increase the number of animals in confinement.

3. The Agricultural Commissioner or his/her designee shall inspect closed CAFOs within one month of receiving such proof of termination from a Pre-Existing CAFO to ensure that all relevant operations have ceased or been appropriately modified.

4. Any Pre-Existing CAFO taking advantage of the phase-out period mentioned in Subsection (E)(1) shall comply with Best Management Practices set forth by the Agricultural Commissioner, which shall be developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. The foregoing shall be in addition to any requirements imposed on CAFOs by County, State and Federal environmental protection agencies.

5. The Agricultural Commissioner shall establish a system to receive, investigate, and retain complaints related to this Section.

F. Violations.

1. Any person who continues to operate a Pre-Existing CAFO after the three (3) year phase-out period elapses, or who establishes or maintains a CAFO following the enactment of this Section, or who violates any other provision of this Section, shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, five thousand dollars ($5,000) for the second offense, and ten thousand dollars ($10,000) for the third and any subsequent offenses, payable to the Sonoma County General Fund.

2. Notwithstanding the foregoing, the Agricultural Commissioner or his/her designee may also pursue on behalf of the county any other civil or administrative penalty or remedy otherwise available for failure to comply with the requirements of this Section.
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3. Each day, or portion thereof, during which the violation occurs shall be treated as a separate offense.

4. Nothing herein shall impact the standing of other interested parties, or the availability of remedies under other applicable federal, state and local laws, regulations and ordinances, including the remedies afforded any person set forth in Subsection I of this Ordinance.

5. The availability of funds under this Section shall not restrict any obligation by the County to provide retraining and employment assistance opportunities to CAFO workers.

6. For the purposes of this Subsection (F), "person" includes any owner, officer, or director of a CAFO. No penalties shall be issued to individuals solely for working at a CAFO operation unless they also meet one of the foregoing criteria.

G. Retraining for CAFO Workers
The County shall provide a retraining and employment assistance program for current and former CAFO workers during the phase-out period in Subsection (E)(1) and for an additional one year thereafter. The purpose of this program is to provide individuals who worked at a CAFO at the time of this Ordinance's enactment or who worked at a CAFO at any point during the phase-out period with the training needed to work at a legally acceptable agricultural operation or in a different job sector. This program shall be administered by the Agricultural Commissioner or his/her designee, along with qualified experts in employment law, animal rights, farm labor, and best agricultural practices. Such experts shall provide proof of their qualifications, which shall be subject to public disclosure. The County's obligation under this Subsection (G) to provide retraining and employment assistance to CAFO workers shall not depend on the fines and penalties collected pursuant to Subsection (F).

H. Annual Report.

The Agricultural Commissioner or his/her designee shall prepare an annual report containing the following information: the number of CAFOs currently operating in unincorporated Sonoma County; the number of CAFO termination notices received in the previous year; the number of CAFO termination inspections conducted in the previous year; the number of CAFO workers in the retraining program; and the amount of penalties assessed and collected in the previous year. Such report shall be presented to the Board of Supervisors at a duly-noticed public hearing and posted on the Agricultural Commissioner's webpage, beginning one year after the effective date of this Section and continuing until all CAFOs, as defined herein, have been phased out of the County.

I. Right of Action.

Any interested party may institute a civil proceeding for injunctive relief against a violation of this Section, and for whatever other additional relief the court deems appropriate. In any action brought pursuant to this Section, the prevailing party shall be entitled to reasonable attorney's fees and costs. The remedies available under this Section shall be in addition to, and shall not in any way restrict, any other rights 1182 of 1220
or remedies under law. Nothing in this Section is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any state or federal law. For the purposes of this Section, "interested party" shall include but not be limited to any association, organization, society, or corporation organized for the purpose of protecting animals or the environment.

J. Retaliation Prohibited.

Any person who retaliates against another person for making a good-faith complaint that there has been a failure to comply with this Section is guilty of a misdemeanor.

K. Severability.

The provisions of this Section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this Section, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Section, or the validity of its application to other persons or circumstances. In the event that any provision is severed, the remaining provisions of this Section shall be interpreted in light of its stated purpose and intent.

SECTION 2. AMENDMENT OF OTHER COUNTY CODE SECTIONS.

Section 26-04-020(C) is hereby amended by inserting the following between "Composting" and "Condominium" as Section 26-04-020(C)(31.5):

Concentrated Animal Feeding Operations (CAFOs). Concentrated animal feeding operation, or CAFO, shall have the meaning set forth in Section 26-18-075.

Section 26-18-070(A) is hereby amended to read as follows:

Definition. The raising, feeding, maintaining and breeding of farm animals where animals are continuously confined in enclosed pens or similar structures, the majority of animal feed is provided by facility management rather than grazing, and animal wastes are concentrated on site. In the event that an operation falls under this definition and is also defined as a CAFO pursuant to Section 26-18-075, then Section 26-18-075shall control.

1. Includes: Dairies, hog farms, veal production, and chicken and turkey ranches, and similar livestock where animals are continuously confined.

2.Excludes: Horses, goats, sheep, and
Section 26-18-080(A)(1) is hereby amended to read as follows:

Excludes: Confined farm animal facilities, Concentrated Animal Feeding Operations (CAFOs). the keeping of household pets and wild or exotic animals. 1183 of 1220
..

Section 26-18-090(A)(2) is hereby amended to read as follows:

Excludes: Slaughterhouses, rendering plants, Concentrated Animal Feeding Operations (CAFOs).

SECTION 3. FUTURE AMENDMENTS.

In addition to the foregoing, the Board of Supervisors shall amend the County Code as needed within a reasonable time following the adoption of the Ordinance to effectuate this Ordinance, and from time-to-time as the necessity of any other amendments becomes clear.

SECTION 4. CONSTRUCTION & INTERPRETATION.

This Ordinance and its provisions shall be broadly construed and interpreted to accomplish its purpose and intent.

SECTION 5. CEQA.

This Ordinance is exempt from the California Environmental Quality Act (CEQA) as a citizen-sponsored initiative.

SECTION 6. SEVERABILITY.

If any provision of this Ordinance, or part thereof, or the application of any provision or part to any person or circumstance is held for any reason to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, and the Ordinance as a whole shall be interpreted in light of its stated Purpose and Intent. The People of the County of Sonoma hereby declare that they would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take effect immediately upon approval by the voters, or as soon as otherwise allowable under applicable law.

SECTION 8. CERTIFICATION; PUBLICATION.

Upon approval by the voters, the County Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law. 1184 of 1220
COUNTY OF SONOMA 575 ADMINISTRATION
DRIVE, ROOM 102A
SANTA ROSA, CA 95403

SUMMARY REPORT
Agenda Date: 5/14/2024
To: Board of Supervisors
Department or Agency Name(s): County Counsel
Staff Name and Phone Number: Chief Deputy Joshua Myers (707) 565-2421 Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:

Initiative Petition for Sonoma County Prohibition on Concentrated Animal Feeding Operations Ordinance.

Recommended Action:

A) Pursuant to Elections Code sections 9115 and 9111, and Board direction given on April 14, 2024, receive reports regarding the impacts on Sonoma County from the Initiative Petition entitled “Sonoma County Prohibition on Concentrated Animal Feeding Operations.” from the Agricultural Commissioner, Permit Sonoma, the Auditor-Controller-Treasurer-Tax Collector, UCCE Sonoma County, Department of Health Services, Human Services Department, Sonoma County Agricultural Preservation and Open Space District, and Economic Development Board.

B) After receiving the County department reports, take one of the allowable actions pursuant to Elections Code section 9118, subdivision (c):
i) Adopt the proposed Ordinance, without alteration; or ii) Submit the proposed Ordinance to the voters by adopting a Resolution calling a special election for November 5, 2024, on the proposed Initiative Petition entitled “Sonoma County Prohibition on Concentrated Animal Feeding Operations,” and combining the special election with the statewide election on November 5, 2024, pursuant to Elections Code section 1405.

C) Consider providing comment on the proposed Initiative Petition entitled “Sonoma County Prohibition on Concentrated Animal Feeding Operations” and taking a position in support of or opposition to the proposed Initiative.

Executive Summary:

On April 14, 2024, your Board accepted the Registrar of Voter’s certificate of sufficiency demonstrating that the proponents of the Sonoma County Prohibition on Concentrated Animal Feeding Operations Initiative Petition gathered sufficient valid signatures to qualify the initiative for the ballot.

Once the Registrar of Voters certifies the sufficiency of signatures to the Board, Elections Code section 9118 requires the Board to take one of three actions: (1) adopt the ordinance (2) submit the ordinance to the voters, or (3) order a report on the ordinance. Your Board requested reports from County agencies and departments on the proposed ordinance.

Attached to this Board item are reports from the Agricultural Commissioner, Permit Sonoma, the AuditorController-Treasurer-Tax Collector, UCCE Sonoma County, Department of Health Services, Human Services Department, and Economic Development Board.

Further, Elections Code section 9118, subdivision (c), requires that when the reports described above are

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