RESOLUTION NO. PC - 2024 - 12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COTATI RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 17.31
AFFORDABLE HOUSING REQUIREMENTS AND 17.32 DENSITY BONUSES OF
THE COTATI MUNICIPAL CODE TO ESTABLISH CONSISTENCY WITH
CHANGES IN STATE DENSITY BONUS LAW, CREATE A COTATI-SPECIFIC
DENSITY BONUS AND IMPLEMENT THE CITY'S LOCAL PREFERENCE POLICY 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 a local preference policy for below market rate homes and establishing the deed restriction timeframe as 55-years; 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 October 7, 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, create a Cotati Density Bonus and implement the City's Local Preference Policy. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the Cityregarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and WHEREAS, based on the record, the Planning Commission finds that the proposed zoning code amendments are consistent with and facilitate the General Plan.
NOW THEREFORE BE IT RESOLVED that the planning commission of the city of Cotati does find as follows:
1: Recitals.
The above recitals are true and correct and are incorporated into the findings herein. 2: Record
The Record of Proceedings ("Record") upon which the Planning Commission 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.
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 17.31 Affordable Housing Requirement and Chapter
17.32 Density Bonuses implement the below referenced Housing Element and General Plan policies in that they will help to ensure consistency in the implementation of affordable housing requirements; allowing additional density 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; 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 1-5: 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.
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.
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 6h 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Cotati forwards its recommendation to the City Council to adopt the Ordinance attached as Exhibit A to this Resolution adopting amendments to Chapters 17.31 and 17.32 of the Cotati Municipal Code to add clarifying language with the affordable housing requirements, establish consistency with state housing law and create expanded local density bonus allowances, including the following recommendations:
1. Consider including limitations on the maximum height allowed to be constructed with any Cotati Density Bonus project.
2. Consider prioritizing health and safety elements when reviewing what concessions to be included/not included with the Cotati Density Bonus.
3. Consider scheduling a one-year review of the Cotati Density Bonus Ordinance to evaluate the effectiveness of the adopted policies and make modifications to improve on their intent and address any unforeseen issues/challenges.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on October 7, 2024, by the following vote, to wit:
RESULT: ADOPTED (UNANIMOUS)
MOVER: Ryan Long, Planning Commissioner
SECONDER: Shelley Berman, Planning Commissioner
AYES: Gilardi, Moffet, Berman, Long
NAYS: None
ABSENT: Savage
IDL
Approved: (
CarlaDinam
Attest:
Carla Duncan, Planning Secretary