RESOLUTION NO. (XX)
902 E. COTATI AVENUE FEE DEFERRAL AGREEMENT
WHEREAS, in 2016 the City of Cotati adopted Ordinance 863 which amended the Cotati Municipal Code (CMC) to create a process to allow deferral of certain development related fees, subject to approval by the City Council, and WHEREAS, in February of 2023, the City Council approved the first Cotati Cottage Housing project for a six (6) unit development proposed at 902 E. Cotati Avenue, and WHEREAS, in June of 2023, the City of Cotati approved the 6th Cycle Housing Element which included a Program 2-7 committing the City to providing automatic deferral of fees until occupancy for all residential projects, and
WHEREAS, in October of 2024, the property owners Noel and Lisa Kirby of Darhal Developments LLC indicated they intend to move forward with construction of the project at 902 E. Cotati Avenue and requested approval of a fee deferral agreement to allow postponement of the impact fees associated with the development.
NOW THEREFORE BE IT RESOLVED, that the Council of the City of Cotati does hereby find that the proposed Fee Deferral Agreement is not a project under CEQA as the Agreement itself does not allow any action that has the potential to impact the environment. 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.
BE IT FURTHUER RESOLVED, that the Council of the City of Cotati does hereby approve the requested Fee Deferral Agreement, subject to the terms and conditions listed below:
1. The City Manager is hereby authorized to make minor adjustments to the terms, conditions and total amounts of the fees being deferred.
2. Utility connection fees are due upon approval of an application requesting connection to the City utility systems.
3. All amounts due shall be paid prior to final building permit inspections and/or building occupancy, whichever shall come first.
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 November 12, 2024, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney