Agenda packet — Cotati City Council, May 27, 2025

AGENDA

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

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, May 27, 2025
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

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

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

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

1. Using the following online livestream meeting portal link: https://www.youtube.com/@cityofcotati7280/streams

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by clicking the link below:
https://us02web.zoom.us/j/85895400441?pwd=RA31bKQ7GoqKZ2QrnObJEPclFxRPjk.1 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 858 9540 0441 Passcode: 891124
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866 Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

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

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

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

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

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

Cotati City Council Packet May 27, 2025
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2025-02 III.B.1.) Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

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

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

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

City Council meetings are conducted according to City Council Policy 2025-02: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.gov and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

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

1. CALL TO ORDER

2. PUBLIC COMMENT ON NON-ACTION AGENA ITEMS

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – MAY 13, 2025

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

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.gov.

C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, www.cotaticity.gov, under the “How do I” link at the top of the homepage.

D. Have you noticed a street light out, pothole, or issues in a City Park? We want to keep Cotati beautiful and running smoothly, so please let us know what needs to be fixed, by following one of the QR codes posted around the City, or just going to the City website under “How do I” and “Report a Service Request.”
Cotati City Council Packet May 27, 2025
E. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.

5. PROCLAMATIONS
A. PROCLAIMING THE MONTH OF JUNE 2025 AS PRIDE MONTH

6. PRESENTATIONS
A. PRESENTATION FROM SUPERVISOR DAVID RABBITT
It is recommended that the City Council receive a presentation from Supervisor David Rabbitt.

No action will be taken.

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

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2025-02, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the timer indicator lights will display yellow when there are thirty seconds remaining, and red when time has expired.

9. CONSENT CALENDAR (ACTION)
A. REQUEST FOR SUPPORT OF SB-749 (ALLEN), PROTECTING MOBILE HOME

PARKS FROM CLOSURE
It is recommended that the City Council adopt a motion authorizing the Mayor to sign a letter of support for SB 749, to be transmitted to the California legislature.

B. CONSIDERATION OF A RESOLUTION NOMINATING PRIORITY CONSERVATION AREAS
The Community Development Department recommends that the City Council adopt a resolution nominating Veronda-Falletti Ranch, the Laguna de Santa Rosa and Cotati Creek corridors, and the open space north of McGinnis Circle to be designated as Priority Conservation Areas by the Association of Bay Area Governments.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION, INTRODUCTION, AND FIRST READING OF A DRAFT ORDINANCE TO AMEND CHAPTERS 17.22 ALLOWABLE LAND USES, 17.30 STANDARDS FOR ALL DEVELOPMENT AND LAND USES, 17.42 STANDARDS FOR SPECIFIC LAND USES, 17.44 TELECOMMUNICATION FACILITIES AND 17.62 Cotati City Council Packet May 27, 2025

PERMIT REVIEW AND DECISIONS OF THE COTATI MUNICIPAL CODE It is recommended by the Community Development Department and the Planning Commission that the City Council introduce and conduct the first reading of a draft ordinance amending Cotati Municipal Code (CMC) Chapters 17.22 Allowable Land Uses, 17.30 Standards for All Development and Land Uses, 17.42 Standards for Specific Land Uses, 17.44 Telecommunication Facilities and 17.62 Permit Review and Decisions to correct errors, streamline permitting processes, establish consistency with state law, and allow flexibility in the development of residential accessory equipment, structures and fences, citywide.

B. CONSIDERATION TO ADOPT RESOLUTION APPROVING UPDATED WATER AND

SEWER RATES AND SUPERSEDING EXISTING RATES
It is recommended the City Council of the City of Cotati conduct a public hearing on proposed water and sewer rates, and, if no majority protest occurs, then adopt a Resolution approving the proposed rates and superseding the existing rates.

12. REGULAR AGENDA (ACTION)
A. AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS DATA RETENTION

AND SHARING
It is recommended that the City Council receive and discuss the utilization of Automated License Plate Reader (ALPR) cameras and adopt a motion approving staff recommendations on data retention and sharing.

B. MAYORS AND COUNCILMEMBERS COMMITTEE APPOINTMENTS
It is recommended that the City Council review letters of interest received and provide the Mayor with direction for voting at the upcoming Mayors and Councilmembers Association Board of Directors meeting.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

16. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City’s website, bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Depot, on or before May 23, 2025. /s/ Kevin Patterson, Deputy City Clerk

MINUTES

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

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, May 13, 2025
6:00 PM REGULAR MEETING

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

Attendee Name Title Status
Ben Ford Mayor Present
Sylvia Lemus Vice Mayor Present
Susan Harvey Councilmember Present
Laura Sparks Councilmember Present
John Savage Councilmember Present

2. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Public Comment:

Michael Ceremello
George Barich of Cotati
Laurie Alderman of Cotati
The meeting was subsequently disrupted during the Land Acknowledgement statement, which is read after Public Comment on Non-Action Agenda items per Resolution 2025-14, City Council Policy 2025-02.

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – APR 22, 2025 Public Comment:

Laurie Alderman of Cotati
George Barich of Cotati
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Cotati City Council Minutes May 13, 2025
RESULT: Approve [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Vice Mayor
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.gov.

D. Have you noticed a street light out, pothole, or issues in a City Park? We want to keep Cotati beautiful and running smoothly, so please let us know what needs to be fixed, by going to the City website under “How do I” and “Report a Service Request.” E. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.

Mayor Ford opened public comment as a result of further disruptions to the meeting from a member of the audience during the reading of the announcements.

Public Comment:

George Barich of Cotati

5. PROCLAMATIONS
A. PROCLAIMING MAY 2025 AS ASIAN AMERICAN AND PACIFIC ISLANDER

HERITAGE MONTH IN COTATI
Vice Mayor Lemus read the proclamation. Proclamation was accepted by members of the Asian American Pacific Islander Coalition of the North Bay.

B. PROCLAMATION DECLARING MAY 2025 AS BIKE MONTH
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Mayor Ford read the proclamation. Proclamation was accepted by Eris Weaver of the Sonoma County Bicycle Coalition.

Mayor Ford opened this item for public comment.

Public Comment:

George Barich of Cotati

6. PRESENTATIONS
A. ZERO WASTE SONOMA UPDATE
This agenda item was not heard, due to the presenter being unable to attend the meeting.

7. AGENDA REVIEW
No changes.

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2025-02, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Deputy Clerk will alert speakers when there are thirty seconds remaining.

Public Comment:

Laurie Alderman of Cotati
George Barich of Cotati
Michael Ceremello
Neil Hancock of Cotati
Jenny Blaker of Cotati

9. CONSENT CALENDAR (ACTION)
A. APPROVAL OF 2025 CITY OF COTATI SUMMER MOVIES IN THE PARK, FOOD

FESTIVAL, AND NATIONAL NIGHT OUT EVENTS IN LA PLAZA PARK B. CONSIDERATION OF REVISED MISSION SQUARE (457) RETIREMENT PLAN

AGREEMENT
C. ACCEPTANCE OF THE CITY COUNCIL CHAMBER AUDIO VISUAL SYSTEM

UPGRADE PROJECT
D. ADOPT UPDATED RECORDS RETENTION SCHEDULE
E. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT TO PROVIDE

ROOFING REPAIR AND REPLACEMENT CONSULTATION FOR THE POLICE STATION, SUNFLOWER PARK RESTROOM, AND WELL 2
F. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO DESIGN THE 2026 PAVEMENT PRESERVATION PROJECT 7 of 175
Cotati City Council Minutes May 13, 2025
G. RESOLUTION OF SUPPORT FOR ASSEMBLY BILL 564 TO HALT THE STATE

EXCISE TAX INCREASE ON CANNABIS
RESULT: Adopt [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None

10. DIRECTION OF FUTURE AGENDA ITEMS
None.

11. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION OF A RESOLUTION APPROVING PRELIMINARY DESIGN

REVIEW, A TREE REMOVAL PERMIT, PARKLAND DEDICATION, AND A VESTING TENTATIVE MAP TO ALLOW CONSTRUCTION OF A 178-UNIT MULTIFAMILY MIXED-USE DEVELOPMENT ON A 10.62-ACRE PROPERTY

LOCATED NORTHWEST OF THE INTERSECTION OF REDWOOD DRIVE AND STATE ROUTE (SR) 116 AND FINDING THE PROJECT CONSISTENT WITH THE

COTATI GENERAL PLAN AND ITS ENVIRONMENTAL IMPACT REPORT AND

EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER CEQA
GUIDELINES SECTION 15183 (PA#22-07 / APNs 046-286-017, -018, -019 & -020) Presentation by Senior Planner JP Harries and Adam Foster of City Ventures.

Councilmembers comment.

Public Comment:

Jamie Tabor of Santa Rosa
Omar Lopez of Santa Rosa
Elizabeth Craven of Rohnert Park
Sonia Bycla-Barwick of Healdsburg
George Barich of Cotati
Laurie Alderman of Cotati
Chris Palomo
Neil Hancock of Cotati
Council added/modified the following conditions on the project:

1. Thirty-three (33) of the condominium units shall be pre-plumbed and prepared for ground floor ADU installation. Installation of the ADUs shall be offered as an option to prospective buyers.

2. All on-site amenities, including the swimming pool and pool house, must be accessible to all Project residents, including those in the apartment building. The Homeowners Association's CC&Rs shall clearly specify the process or method for granting access to Project residents who are not HOA members but wish to use the facilities. Any fees for 8 of 175
Cotati City Council Minutes May 13, 2025
access must be proportional to the costs of maintaining and operating these amenities, and be calculated on a sliding scale, based on income categories.

3. If the Highway 116 Corridor Improvement Project, including signalization of the planned intersection, is not completed prior to occupancy of any unit, the Project shall install “No Left Turn” or “Right Turn Only” signs at all vehicular exit points from the development onto SR-116, unless Caltrans requires alternative intersection treatments for highway access.

RESULT: Approve [5 TO 0]
MOVER: John Savage, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None
B. CITY FEE SCHEDULE UPDATE
RESULT: Approve [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Vice Mayor
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

No public comment.

12. REGULAR AGENDA (ACTION)
A. FISCAL YEAR 2024/25 - THIRD QUARTER - FINANCIAL UPDATE Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati

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

14. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional events and meetings. 9 of 175 Cotati City Council Minutes May 13, 2025

15. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

16. ADJOURNMENT
Mayor Ford adjourned the meeting at 10:23pm.
/s/ Kevin Patterson, Deputy City Clerk
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PROCLAMATION

OF THE CITY COUNCIL OF THE CITY OF COTATI
PROCLAIMING THE MONTH OF JUNE 2025 AS PRIDE MONTH
WHEREAS, Cotati’s LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer) community is comprised of individuals, families, and allies who are an integral part of the fabric of our City and who demonstrate pride in and commitment to our City throughout the year, by virtue of their contributions to its economy, culture, and quality of life; and WHEREAS, the LGBTQ+ community has much to celebrate in terms of business and professional achievements, artistic expression, political involvement, community activities and life-affirming family relationships, and are a vital part of Sonoma County culture; and WHEREAS, the City of Cotati and the LGBTQ+ community of Sonoma County continue to support and encourage diversity in the workplace and throughout the community; and
WHEREAS, the City is proud of its skilled, talented, and dedicated employees, including the LGBTQ+ community who work tirelessly to provide service to the people of Cotati.

NOW, THEREFORE, BE IT PROCLAIMED on this day of May 27, 2025, by the City Council of the City of Cotati hereby celebrates the month of June 2025 as Pride Month.

Approved:______________________________
Mayor
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Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: PRESENTATION FROM SUPERVISOR DAVID RABBITT
Date: May 27, 2025
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council receive a presentation from Supervisor David Rabbitt.

No action will be taken.
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County of Sonoma Update
Second District Supervisor David Rabbitt
May 27, 2025 - Personal Comments of Presenting Agency
13 of 175
Road Improvement Update
May 27, 2025 - Personal Comments of Presenting Agency
2012 - 2025:

Investment $270 million
Total County Road
Miles 1,369
Total Road Miles
Treated 546
Total D2 Road
Miles 215
Total D2 Road Miles
Treated 115
FY 26/27 Proposed
Improvements
$31 million
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Old Redwood Hwy / Ely Road Roundabout Project
May 27, 2025 - Personal Comments of Presenting Agency
90% Design Milestone achieved. Right of Way acquisition started. Target Construction: 2026 (pending environmental) 15 of 175
Old Redwood Hwy / Railroad Road Roundabout Project
May 27, 2025 - Personal Comments of Presenting Agency
90% Design Milestone achieved. Right of Way acquisition started. Target Construction: 2026 (pending environmental) 16 of 175
Potter Valley Project
Owned by PG&E since 1908
2019 PG&E announced intent to stop operating
due to economically feasibility
2023 Eel-Russian Project Authority (ERPA) was formed
May 27, 2025 - Personal Comments of Presenting Agency
ERPA plans to build new facility at Cape Horn Dam
2025 signed MOU to advance the New Eel-Russian Facility 17 of 175
Thank you
Email [email protected]
Phone (707)565-1698
May 27, 2025 - Personal Comments of Presenting Agency
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: REQUEST FOR SUPPORT OF SB-749 (ALLEN), PROTECTING

MOBILE HOME PARKS FROM CLOSURE
Date: May 27, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion authorizing the Mayor to sign a letter of support for SB 749, to be transmitted to the California legislature.

Background
On May 2, 2025, the representative for the North Bay Division of League of California Cities (Cal Cities) forwarded a request from Legal Aid of Sonoma County, which is attached. Legal Aid requested that the City Council support SB 749, the text of which is also attached.

Cal Cities currently has a “watch” position on this bill. Staff also contacted the Golden State Mobile Home Owners League (GSMOL), the statewide interest group that advocates on behalf of the owners of mobile homes to inquire about GSMOL’s position on this bill. The following response was received from GSMOL, “Yes, we have been following this bill Damien, and GSMOL is in support. We have submitted some amendment language to the author to further clarify and strengthen the bill, which we are told will be submitted shortly”.

As of May 21, 2025, SB 749 is still working its way through the State Senate and still needs to pass to the Assembly and then to the Governor to become law.

Analysis/Discussion
Cal Cities provides the following bill summary, ”The Mobilehome Parks Act provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and authorizes the management of a mobilehome park to 19 of 175
terminate a tenancy for, among other reasons, a change of use of the park or any portion of the park if certain requirements are met. If the change of use does not require any local governmental permits, current law requires the written notice of termination of tenancy to disclose and describe in detail the nature of the change of use, and to be given 12 months or more before the management’s determination that a change of use will occur. The Planning and Zoning Law requires an owner of an assisted housing development, before the termination of a subsidy contract, the expiration of rental restrictions, or prepayment on an assisted housing development, to provide certain notices of the proposed change to each affected tenant household residing in the assisted housing development and affected public entities, as specified.

Current law defines “affected public entities” as the mayor or chair of the board of supervisors, as applicable, in which the assisted housing development is located, the appropriate local public housing authority, if any, and the Department of Housing and Community Development. This bill would delete the above-described notification requirements applicable to a change of use of a mobilehome park that does not require any local governmental permits, and would revise the Planning and Zoning Law to, instead, require management, at least 12 months and at least 6 months prior to the anticipated date of closure, cessation, or change of use of a mobilehome park, to provide notices of the proposed change to each affected tenant, prospective tenant, and affected public entities, as provided”.

Financial Considerations
There are no financial impacts related to sending a letter of support for SB 749.

Environmental Issues
There are no environmental impacts related to sending a letter of support for SB 749. 20 of 175

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[Name]
[Title]
[City or County Name]
[Email Address] | [Phone Number]
[Date]
The Honorable [Name]
California State [Assembly or Senate]
State Capitol, Room [Room Number]
Sacramento, CA 95814
Re: Support for SB 749 (Allen) – Mobile Home Parks: Cessation, Closure or Change in Use Dear {{Name}}:

I am writing on behalf of the City of Cotati to express our city’s strong support for SB-749 authored by Senator Ben Allen. This critical legislation seeks to protect mobilehome parks at risk of closure or conversion by establishing a “right of first refusal” for resident organizations, HCD-qualified nonprofit housing organizations, and public agencies.

SB-749 would provide a pathway to preserve the affordable housing provided by mobile home parks in our city. Mobilehome parks are the largest source of unsubsidized affordable housing in the state, providing essential homes for older adults and low-income residents. Cotati has demonstrated a strong commitment to preserving these parks, a priority reflected in our adopted Housing Element. However, mobilehome communities remain increasingly vulnerable to closure. Nearby cities such as Petaluma, which is home to over 1,000 mobilehome residents, are also experiencing these pressures—underscoring the regional significance of this issue.

SB-749 builds upon the foundation of California’s Preservation Notice Law, which requires notice and opportunity to preserve affordable housing before it is converted to market rate. This bill would prohibit the closure or change of use of a mobilehome park without first giving residents, public agencies, or qualified nonprofit purchasers at least 9 months notice and an opportunity to acquire the property at fair market value. This approach provides a critical tool for preserving affordability while discouraging the use of closure threats as a means of pressuring residents or local governments, a tactic seen recently in several mobile home parks in at Country Side Mobile Home Park in Cotati, and nearby mobilehome parks in Petaluma.

SB-749 offers a thoughtful, balanced solution that empowers local communities and residents to preserve a vital housing resource. I respectfully urge your support for this important bill as it moves through the legislative process.

Sincerely,
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SHARE THIS: Date Published: 05/06/2025 09:00 PM
SENATE BILL NO. 749
SB-749 Mobilehome parks: closure, cessation, or change of use. (2025-2026) AMENDED IN SENATE MAY 06, 2025
AMENDED IN SENATE MARCH 25, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Senator Allen
(Coauthor: Senator Wahab)
February 21, 2025
An act to amend Section Sections 798.56 and 798.62 of the Civil Code, and to add Section 65863.15 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST
SB 749, as amended, Allen. Mobilehome parks: closure, cessation, or change of use.

The Mobilehome Parks Act provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and requires management of a mobilehome park to offer the previous homeowner a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location. Existing law defines “management” to mean the owner of a mobilehome park or an agent or representative authorized to act on their behalf in connection with matters relating to a tenancy in the park and “previous homeowner” to mean a homeowner with a valid tenancy in a mobilehome park at the time of a wildfire or other natural disaster. authorizes the management of a mobilehome park to terminate a tenancy for, among other reasons, a change of use of the park or any portion of the park if certain requirements are met. If the change of use does not require any local governmental permits, existing law requires the written notice of termination of tenancy to disclose and describe in detail the nature of the change of use, and to be given 12 months or more before the management’s determination that a change of use will occur.

This bill would provide that previous homeowners shall receive notice in the same manner as a current homeowner of the mobilehome park according to specified notice provisions, as applicable. The bill would also provide that previous homeowners are not obligated to pay rent during the time at which they are unable to live in the mobilehome park following a wildfire or other natural disaster.

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The Planning and Zoning Law requires an owner of an assisted housing development, before the termination of a subsidy contract, the expiration of rental restrictions, or prepayment on an assisted housing development, to provide certain notices of the proposed change to each affected tenant household residing in the assisted housing development and affected public entities, as specified. Existing law defines “affected public entities” as the mayor or chair of the board of supervisors, as applicable, in which the assisted housing development is located, the appropriate local public housing authority, if any, and the Department of Housing and Community Development.

This bill would, would delete the above-described notification requirements applicable to a change of use of a mobilehome park that does not require any local governmental permits, and would revise the Planning and Zoning Law to, instead, require management, at least 12 months and at least 6 months prior to the anticipated date of closure, cessation, or change of use of a mobilehome park, require management of a mobilehome park to provide notices of the proposed change to each affected tenant, prospective tenant, and affected public entities, as provided. The bill would require the Director of Housing and Community Development to approve forms to be used by management to comply with these provisions, and would require management to use the approved forms once the director has approved the forms. The bill would provide for injunctive relief to any affected public entity or affected tenant, including a resident organization, as defined, who is aggrieved by a violation of these provisions.

The Planning and Zoning Law prohibits an owner from terminating a subsidy contract or prepayment of a mortgage unless the owner or its agent has provided specified entities an opportunity to submit an offer to purchase the development, as specified.

The Planning and Zoning Law also requires, before the conversion of a mobilehome park to another use, except as specified, or before closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. Existing law requires the impact report to include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to find adequate housing in a mobilehome park. Existing law requires the person proposing the change in use to provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days before a hearing on the report, as specified.

The Mobilehome Residency Law requires management of a mobilehome park to offer the previous homeowner, as defined, a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location.

This bill would revise the Planning and Zoning Law to prohibit management of a mobilehome park from pursuing closure, cessation, or change of use of the mobilehome park unless management has provided resident organizations and certain nonprofit organizations and public agencies an opportunity to submit an offer to purchase, according to specified procedures. The bill would require an entity to be certified by the Department of Housing and Community Development to qualify as a purchaser under these provisions, and would require the department to, among various other duties, establish a process for that certification and maintain and update a list of certified entities. The bill would require a qualified entity that elects to purchase the mobilehome park to make a bona fide offer within 270 days of the notice of the opportunity to submit an offer that, among other things, certifies under penalty of perjury that the entity has been certified by the department. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would provide that any affected tenant, resident organization, qualified entity, or affected public entity, as specified, may enforce these provisions either in law or in equity.

The bill would provide that previous homeowners shall receive specified notices required under certain provisions of the Planning and Zoning Law, as revised by the bill as described above, the Mobilehome Residency Law, and the Mobilehome Parks Act, as applicable, in the same manner as a current homeowner of the mobilehome park. The bill would also provide that previous homeowners are not obligated to pay rent during the time at which they are unable to live in the mobilehome park following a wildfire or other natural disaster.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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SECTION 1. Section 798.56 of the Civil Code, as amended by Section 2 of Chapter 395 of the Statutes of 2024, is amended to read:
798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome. (2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome. (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.

No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days.

However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.

Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy.

For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
“Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.”
(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
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(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.

In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days’ notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period. (C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.

If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded. (f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2) (A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management has met the requirements of Section 65863.15 of the Government Code. (3)
(4) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4)
(5) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
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(5)
(6) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. (h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j) For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome. (k) This section shall become operative on February 1, 2025.

SECTION 1.SEC. 2. Section 798.62 of the Civil Code is amended to read:
798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:
(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowner’s rental agreement that was in existence at the time of the wildfire or other natural disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park.

These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses. (2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.
(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires. (4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowner’s former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.
(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowner’s right to a renewed tenancy under this section is deemed forfeited. (6) Management shall process applications for renewed tenancy on a first-come-first-served basis. (7) The previous homeowner shall not transfer the right to a renewed tenancy. (b) Previous homeowners shall receive notice pursuant to Sections 65863.7 and 65863.15 of the Government Code and any notice provisions under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), as applicable, in the same manner as a current homeowner of the mobilehome park.
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(c) Previous homeowners are not obligated to pay rent for their tenancy in a mobilehome park during the time at which they are unable to live in the mobilehome park following a wildfire or other natural disaster. (d) For purposes of this section, “previous homeowner” means a homeowner with a valid tenancy in a mobilehome park at the time of a wildfire or other natural disaster.

SEC. 2.SEC. 3. Section 65863.15 is added to the Government Code, immediately following Section 65863.13, to read:
65863.15. (a) For purposes of this section, the following definitions apply:
(1) “Affected public entities” means all of the following:
(A) The mayor of the city in which the mobilehome park is located, or, if located in an unincorporated area, the chair of the board of supervisors of the county.
(B) The appropriate local public housing authority, if any. (C) The Department of Housing and Community Development. (2) “Affected tenant” means a homeowner, as defined in Section 798.9 of the Civil Code, who has tenancy in a mobilehome park at the time notice is required to be provided pursuant to this section. (3) “Management” means the owner of a mobilehome park or an agent or representative authorized to act on their behalf in connection with matters related to the mobilehome park. (4) “Offer to purchase” means an offer from a qualified or nonqualified entity that is nonbinding on management. (5) “Qualified entity” means an entity that the Department of Housing and Community Development has certified as a qualified purchaser pursuant to paragraph (3) of subdivision (c). (6) “Resident organization” means a group of tenants who have formed a nonprofit corporation, cooperative corporation, or other entity or organization. organization, as described in Section 798.80 of the Civil Code. (b) (1) At least 12 months prior to the anticipated date of closure, cessation, or change of use, management shall provide a notice of the proposed change to each affected tenant and to the affected public entities. The notice shall be in addition to any termination of tenancy notices required by subdivision (g) of Section 798.56 of the Civil Code, and shall contain all of the following:
(A) A statement that the owner intends to close, cease operations, or change the use of the mobilehome park. (B) The anticipated date of closure, cessation, or change of use. (C) A statement that a subsequent notice of the proposed change will be provided at least six months prior to the anticipated date of closure, cessation, or change of use. (D) A statement that the notice of opportunity to submit an offer to purchase, pursuant to subdivision (c), has been sent to qualified entities, is attached to or included in the notice, and is posted in the common area of the mobilehome park.
(2) At least six months prior to the anticipated date of closure, cessation, or change of use, management shall provide a notice of the proposed change to each affected tenant and to the affected public entities. The notice shall contain all of the following:
(A) The anticipated date of closure, cessation, or change of use. (B) A statement that a copy of the notice will be sent to the city, county, or city and county, where the mobilehome park is located, to the appropriate local public housing authority, if any, and to the Department of Housing and Community Development.
(C) The name and telephone number of the city, county, or city and county, the appropriate local public housing authority, if any, the Department of Housing and Community Development, and a legal services organization that can be contacted to request additional written information about an owner’s responsibilities and the rights and options of an affected tenant.
(D) In addition to the information provided in the notice to the affected tenant, the notice to the affected public entities shall contain information regarding the number of affected residents in the project, the number of 5/7/25, 12:49 PM Bill Text - SB-749 Mobilehome parks: closure, cessation, or change of use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB749 6/9 31 of 175
spaces that are rent controlled or rent stabilized, and the ages and income of the affected tenants. The notice shall briefly describe the owner’s plans for the park, including any timetables or deadlines for actions to be taken and specific governmental approvals that are required to be obtained, the reason the owner seeks closure, cessation, or change of use, and any contacts management has made or is making with other governmental agencies or other interested parties in connection with the notice. The information contained in the notice shall be based on data that is reasonably available from existing written tenant and park records. (3) The owner proposing the closure, cessation, or change of use shall provide additional notice of any significant changes to the notice required by paragraph (2) within seven business days to each affected tenant and to the affected public entities. For purposes of this paragraph, “significant changes” includes, but is not limited to, any changes to the date of closure, cessation, or change of use. (4) This subdivision does not require management to obtain or acquire additional information that is not contained in the existing tenant and mobilehome park records, or to update any information in the mobilehome park’s records. Management shall not be held liable for any inaccuracies contained in these records or from other sources, and management shall not be liable to any party for providing this information. (5) (A) For purposes of this subdivision, service of the notice to the affected tenants shall be made by first-class mail postage prepaid.
(B) For purposes of this subdivision, service of notice to the city, county, or city and county, the appropriate local public housing authority, if any, and the Department of Housing and Community Development shall be made by either first-class mail postage prepaid or electronically to any public entity that has provided an email address for that purpose.
(6) Any management who is subject to the requirements of this subdivision shall also provide a copy of any notices issued to affected tenant households pursuant to this subdivision to any prospective tenant at the time the prospective tenant is interviewed for eligibility.
(7) The Director of Housing and Community Development shall approve forms to be used by management to comply with paragraphs (1), (2), and (6). Once the director has approved the forms, management shall use the approved forms to comply with paragraphs (1), (2), and (6). (8) Injunctive relief shall be available to any affected public entity or affected tenant, including, but not limited to, a group of affected tenants that meets the requirements of a resident organization, who is aggrieved by a violation of this subdivision. In a judicial action brought pursuant to this paragraph, the court may award attorney’s fees and costs to a prevailing plaintiff.
(c) (1) Owners of a mobilehome park shall not pursue closure, cessation, or change of use unless management has provided each qualified entity an opportunity to submit an offer to purchase the development, in compliance with paragraph (4).
(2) An entity is not eligible to be certified as a qualified entity pursuant to paragraph (3) unless it is any of the following:
(A) The resident organization of the mobilehome park.
(B) Local nonprofit organizations and public agencies.
(C) Regional or national nonprofit organizations and regional or national public agencies. (3) (A) The Department of Housing and Community Development shall establish a process for certifying an entity listed in paragraph (2) as a qualified entity based on demonstrated relevant prior experience in California and current capacity, as capable of operating the housing and related facilities for its remaining useful life, either by itself or through an agent.
(B) The Department of Housing and Community Development shall maintain and update annually a list of entities that are certified pursuant to this paragraph. (4) If the owner decides to pursue closure, cessation, or change of use, or otherwise dispose of the mobilehome park pursuant to this section, management shall first give notice of the opportunity to offer to purchase to each qualified entity in accordance with paragraph (5), as well as to those qualified entities that directly contact management. The notice of the opportunity to offer to purchase shall be given before or concurrently with the notice required pursuant to subdivision (b) for a period of at least 12 months. Management shall contact the 5/7/25, 12:49 PM Bill Text - SB-749 Mobilehome parks: closure, cessation, or change of use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB749 7/9 32 of 175
department to obtain the list of qualified entities. The notice shall conform to the requirements of paragraph (5) and shall be sent to the entities by registered or certified mail, return receipt requested. Management shall also post a copy of the notice in a conspicuous place in the common area of the mobilehome park. (5) The initial notice of a bona fide opportunity to submit an offer to purchase shall contain all of the following:
(A) A statement that each of the type of entities listed in paragraph (2), or any combination thereof, has the right to purchase the development under this subdivision. (B) A statement that management will make available to each of the types of entities listed in paragraph (2), within 15 business days of receiving a request therefor, that includes all of the following:
(i) Itemized lists of monthly operating expenses for the property. (ii) Capital improvements, as determined by the management, made within each of the two preceding calendar years at the park.
(iii) The amount of project property reserves.
(iv) Copies of the two most recent financial and physical inspection reports on the property, if any, filed with a federal, state, or local agency.
(v) The most recent rent roll for the property listing the rent paid for each unit. (vi) A statement of the vacancy rate at the property for each of the two preceding calendar years. (vii) The terms of assumable financing, if any, and proposed improvements to the property to be made by the management in connection with the sale, if any.
(C) A statement that management has satisfied all notice requirements pursuant to subdivision (a), unless the notice of opportunity to submit an offer to purchase is delivered more than 12 months before the anticipated date of closure, cessation, or change of use.
(6) If a qualified entity elects to purchase a mobilehome park, it shall make a bona fide offer to purchase the development at the market value determined pursuant to paragraph (7), subject to the requirements of this subdivision. A qualified entity’s bona fide offer to purchase shall be submitted within 270 days of the notice of the opportunity to submit an offer pursuant to paragraph (4), identify whether it is a resident organization, nonprofit organization, public agency, or profit-motivated organizations or individuals, and certify, under penalty of perjury, that it is qualified pursuant to paragraph (3). If management has received a bona fide offer from one or more qualified entities within the first 270 days from the date of an owner’s bona fide notice of the opportunity to submit an offer to purchase, management shall notify the Department of Housing and Community Development of all such offers within 90 days and accept a bona fide offer from a qualified entity to purchase and execute a purchase agreement.
(7) The market value of the property shall be determined by negotiation and agreement between the parties. If the parties fail to reach an agreement regarding the market value, the market value shall be determined by an appraisal process initiated by management’s receipt of the bona fide offer, which shall specifically reference the appraisal process provided by this paragraph as the means for determining the final purchase price. Either the owner or the qualified entity, or both, may request that the fair market value of the property’s highest and best use, based on current zoning, be determined by an independent appraiser qualified to perform mobilehome park appraisals, who shall be selected and paid by the requesting party. All appraisers shall possess qualifications equivalent to those required by the members of the Appraisal Institute and shall be certified by the Department of Housing and Community Development as having sufficient experience in appraising comparable properties in California. If the appraisals differ by less than 5 percent, the market value and sales price shall be set at the higher appraised value. If the appraisals differ by more than 5 percent, the parties may elect to have the appraisers negotiate a mutually agreeable market value and sales price, or to jointly select a third appraiser, whose determination of market value and the sales price shall be binding. (8) If management does not receive a bona fide offer from one or more qualified entities within the 270 days specified in paragraph (6), or if after the 270 days specified in paragraph (6) all bona fide offers are withdrawn, management may do any of the following:
(A) Sell the property to any buyer.
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(B) Maintain ownership of the property and continue its operation as a mobilehome park. (C) Pursue closure, cessation, or change of use of the mobilehome park pursuant to the requirements of this section, and all other applicable laws.
(9) The Department of Housing and Community Development shall undertake the following responsibilities and duties:
(A) Maintain a form containing a summary of rights and obligations under this subdivision and make that information available to owners of mobilehome parks as well as to resident organizations, local nonprofit organizations, regional or national nonprofit organizations, public agencies, and other entities with an interest in preserving the state’s mobilehome parks.
(B) Upon receipt of a notice of intent under subdivision (a), make the list of qualified entities created pursuant to paragraph (3) available to the management proposing the closure, cessation, or change of use. If the department does not make the list available at any time, management management’s agent shall only be required to send a written copy of the opportunity to submit an offer to purchase notice to the qualified entities which directly contact management and to post a copy of the notice in the common area pursuant to paragraph (4).
(C) Monitor compliance with this subdivision by owners of mobilehome parks. (D) Refer violations of this subdivision to the Attorney General for appropriate enforcement action. (10) (A) The provisions of this subdivision may be enforced either in law or in equity by any affected tenant, any qualified entity entitled to exercise the opportunity to purchase and right of first refusal under this section, a group of affected tenants that meets the requirements of a resident organization, or any affected public entity that has been adversely affected by an owner’s failure to comply with this subdivision. In any judicial action brought pursuant to this paragraph, the court may waive any bond requirement and may award attorney’s fees and costs to a prevailing plaintiff.
(B) Management may rely on the statements, claims, or representations of any person or entity that the person or entity is a qualified entity as specified in paragraph (2), unless management has actual knowledge that the purchaser is not a qualified entity.
(C) If the person or entity is not an entity as specified in paragraph (2), that fact, in the absence of actual knowledge as described in subparagraph (B), shall not give rise to any claim against management for a violation of this subdivision.
(11) It is the intent of the Legislature that the provisions of this subdivision are in addition to, but not preemptive of, applicable federal laws governing the sale or other disposition of a development that would result in a discontinuance of its use as a mobilehome park.
(12) The Department of Housing and Community Development shall comply with any obligations under this subdivision through the use of standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision. Any standards, forms, or definitions adopted to implement this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (d) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt, maintain, or enforce an ordinance, rule, regulation, or initiative measure that provides equal or greater protection to affected tenants.

SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 5/7/25, 12:49 PM Bill Text - SB-749 Mobilehome parks: closure, cessation, or change of use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB749 9/9 34 of 175
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION NOMINATING PRIORITY

CONSERVATION AREAS
Date: May 27, 2025
Written by: Autumn Buss, Associate Planner
Recommendation
The Community Development Department recommends that the City Council adopt a resolution nominating Veronda-Falletti Ranch, the Laguna de Santa Rosa and Cotati Creek corridors, and the open space north of McGinnis Circle to be designated as Priority Conservation Areas by the Association of Bay Area Governments.

Background
Priority Conservation Areas (PCAs) are designated geographic areas identified to support the San Francisco Bay Area’s regional conservation, resilience, and sustainability objectives. First introduced in 2007 by the Association of Bay Area Governments (ABAG), the PCA program was updated in 2024 to ensure improved alignment with regional planning and funding opportunities. PCAs are characterized as one or more of the following types:
• Natural Lands (must be outside of city limits/growth boundaries) • Agricultural & Working Lands (must be outside of city limits/growth boundaries) • Urban Greening (must be inside city limits/growth boundaries) • Recreation
• Climate Adaptation (must overlap with at least one other PCA type) The PCA designation encourages the preservation or enhancement of areas with high conservation values or needs. The PCA nomination process is locally driven, allowing jurisdictions to identify and propose areas of regional significance based on local priorities and community input. Both publicly and privately owned properties may be nominated to be PCAs.

More than 180 existing PCAs have been adopted by ABAG to date. Attachment A includes an overview of the PCA Program. Further details are available at https://mtc.ca.gov/planning/land35 of 175 use.

PCAs are voluntary designations, and as such, do not take precedence over local control.

Designation as a PCA does not change the property’s local land use designation, zoning, or the ability for the property to be developed in the future.

The initial step in the process of PCA designation is a preliminary nomination request by staff, which ensures that nominated areas are located at least 75% within at least one of ABAG’s predetermined eligibility areas. (See Attachment B, Urban Greening-Eligible Areas in Cotati and Attachment C, Recreation-Eligible Areas in Cotati). Staff completed the preliminary nomination request by ABAG’s deadline of May 2, 2025, working with ABAG staff to determine that three distinct areas in the city qualified for and merited nomination as PCAs.

The second step in the nomination process is the subject of this agenda item—a resolution conveying a formal request by the City Council to ABAG for PCA nomination, which must be submitted by June 13, 2025. The ABAG Executive Board will review and take action to confirm the PCA nominations on July 17, 2025.

Jurisdictions that nominate PCAs gain access to the PCA Grant Program, which provides funding for acquisition, restoration, and public access improvements in PCAs. The Grant Program was initiated by ABAG’s partner, the Metropolitan Transportation Commission (MTC) in collaboration with the State Coastal Conservancy. Since 2013, the PCA grant program has provided over $38 million to protect and enhance the region's natural and agricultural lands, improve outdoor access and urban greening, and build regional climate resiliency across Bay Area communities. MTC anticipates releasing another PCA Grant Program Call for Projects for $8 million in 2025.

Analysis/Discussion
Staff have worked with ABAG/MTC staff to identify three potential PCAs in Cotati, based on Cotati-specific priorities, ABAG’s PCA-eligible areas, and PCA criteria: Veronda-Falletti Ranch; Laguna de Santa Rosa and Cotati Creek; and McGinnis Open Space. Attachment D contains a map of the three proposed PCAs.

These areas correspond to some or all the following three PCA types and descriptions:
• Urban Greening: Existing and potential green spaces in cities that improve community health, capture carbon emissions, address stormwater, and enhance the public realm.

These spaces provide benefits including community health, climate resilience, urban riparian corridors, equity (community nature benefits), wildlife habitat, water quality, urban agriculture, and recreation.
• Recreation: Existing and potential parks, trails, and other publicly accessible recreation facilities that support community wellbeing. These areas provide benefits including recreation, community health, zero-emission travel, equity (community nature benefits), wildlife habitat, water quality, climate resilience, and connectivity. 36 of 175
• Climate Adaptation: Areas that will accommodate habitat range shifts and buffer climate impacts to enhance ecosystem and community resilience. These areas provide benefits including climate resilience, community health, habitat migration, equity (community nature benefits), wildlife habitat, carbon sequestration, water quality, and recreation.

The following is a description of the proposed PCAs for Cotati.

Veronda-Falletti Ranch PCA
• PCA type: Urban Greening, Recreation, and Climate Adaptation • Community and Conservation Goals: The historic City-owned Veronda-Falletti Ranch has long been identified as a priority property for conservation, recreation, and climate adaptation goals, including its designation as park/open space in the General Plan, partnership between the City and the Sonoma County Agriculture Preservation and Open Space District to place a conservation easement on the property in 2008, and ongoing programming and funding support from the City to operate the Ranch as a public demonstration farm and community education facility. Cator Field and adjacent parking are included in the Veronda-Falletti Ranch PCA since there is potential for future shared programming and support between the two parks that would further PCA objectives. • Potential projects for future PCA grant cycles: Reconstruction of the barn for classes and community events; planting of native trees and plants; enhanced public access amenities such as paths, signage, parking, and street crossing improvements; construction of a produce stand; renovation of animal pens and shelters; and installation of demonstration gardens.
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Laguna de Santa Rosa and Cotati Creek PCA
• PCA Type: Urban Greening, Recreation, and Climate Adaptation • Community and Conservation Goals: The City has many policy and project goals related to the Laguna de Santa Rosa and Cotati Creek, including General Plan objectives to protect and enhance riparian, wetland, and aquatic habitats, designation of these waterways as Open Space, and integration of stream corridors with trails and other open space. The City has invested in significant trails and open space amenities along the Laguna, and there are ample opportunities for more improvements to increase connectivity and restore the natural riparian environment. A significant portion of Cotati Creek is in culverts or concrete channels, and only a small area of the creek is accessible to the public; restoration and access projects would benefit the creek and community considerably. The Laguna and Cotati Creek both provide significant stormwater diversion and retention opportunities as well. Draper, Falletti, and Putnam Parks are also included in this proposed PCA due to their adjacency to the Laguna, potential for future PCA grant funded improvements, and location within the eligible PCA area. • Potential projects for future PCA grant cycles: Construction of bridge connecting Laguna trail system to Helen Putnam park; riparian habitat restoration; trail connections along Laguna and Creek corridors and related recreational improvements; and improvements in Delano Park adjacent to Cotati Creek.

McGinnis PCA
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• PCA Type: Urban Greening and Climate Adaptation
• Community and Conservation Goals: The proposed McGinnis PCA is an undeveloped open space comprised of a City-owned lot and the eastern and southern portion of a lot occupied by Charles Street Village housing. Most of this open space is not accessible to the public, and its primary PCA value is as wildlife habitat and corridor, urban green area, oak woodland, and stormwater retention. The McGinnis PCA features vernal pools and connects to the Laguna de Santa Rosa and Cotati Creek. The publicly accessible portion of this PCA consists of trails connecting McGinnis Circle to Marsh Way and to the Laguna trail.
• Potential projects for future PCA grant cycles: Habitat enhancement, urban forest preservation and expansion, access improvements on existing public trails, and restoration of Cotati Creek channel.

In addition to meeting ABAG’s eligibility criteria for PCAs, selection of these areas as PCAs is based on a combination of factors, including the priority of these areas for future investment by the City, likely competitiveness for PCA funding, and relative availability of other types of funding for improvement projects. For example, although all of the parks in Cotati fall within the Recreation PCA-eligible area, only some of the parks are proposed for PCA inclusion due to relative potential for conservation-related projects. Furthermore, other sources of funding are likely to be available for recreation infrastructure projects in the remaining parks.

It should be noted that PCA boundaries are approximate and are not parcel-specific. In addition, inclusion of land in a PCA does not require any future improvements, projects, or other actions 39 of 175
by the City or property owner. For example, a number of privately owned, residential or industrial developed parcels along the Laguna, particularly at its northern and southern ends within the city, are included in the Laguna/Creek PCA in order to meet the criteria that at least 75% of the area in a PCA be within the MTC-designated eligible areas. It is very unlikely that any projects or improvements would be pursued on those properties in association with the PCA, however.

Similarly, projects benefiting a PCA, including those that are the subject of PCA grants, may extend beyond the PCA boundaries within reason if the primary benefit is to the PCA. As an example, improvements in Delano Park might be funded by a PCA grant if they relate specifically to the creek, even though the only portion of the park technically in the PCA is the creek channel itself.

Financial Considerations
With the exception of the staff time needed to coordinate with MTC/ABAG and prepare the staff report and resolution, there are no direct financial impacts to the general fund associated with the adoption of the resolution. However, the PCA designation provides opportunities for the City to apply for and be more competitive for grant funding to support conservation, restoration, and recreational projects in the future.

Environmental Issues
The proposed resolution is exempt from the California Environmental Quality Act as it is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11) and the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023. In addition, the proposed resolution is consistent with and implements the City’s adopted General Plan and no new environmental impacts peculiar to the project site(s) have been realized or identified. Therefore, no additional environmental analysis is required under CEQA Section 15183, and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

Recommendation
The Community Development Department recommends that the City Council adopt a resolution nominating Veronda-Falletti Ranch, the Laguna de Santa Rosa and Cotati Creek corridors, and the open space north of McGinnis Circle to be designated as Priority Conservation Areas by the Association of Bay Area Governments.
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

NOMINATING VERONDA-FALLETTI RANCH, LAGUNA DE SANTA ROSA AND

COTATI CREEK, AND MCGINNIS OPEN SPACE AS PRIORITY CONSERVATION

AREAS AND AUTHORIZING SUBMISSION TO THE ASSOCIATION OF BAY AREA

GOVERNMENTS
WHEREAS, the Association of Bay Area Governments (ABAG) has updated the Priority Conservation Area (PCA) planning framework which creates a regionally consistent approach to designate key areas for conservation and nature-based improvements; and WHEREAS, PCAs include diverse landscapes such as nature preserves, farms, ranches, trails, urban parks, and areas that benefit from urban greening or nature-based climate adaptation solutions; and
WHEREAS, the PCA planning framework includes locally nominated PCAs as locations to coordinate local and regional planning for the conservation of regionally significant areas which are adopted by the ABAG; and
WHEREAS, the PCA designation provides opportunities for grant funding to support conservation, restoration, and recreational projects, helping to achieve both local and regional conservation goals; and
WHEREAS, the updated PCA criteria adopted by ABAG in 2024 aim to ensure alignment with regional sustainability and conservation priorities; and WHEREAS, Veronda-Falletti Ranch provides urban green space, urban agriculture, wildlife habitat, and publicly accessible recreation facilities that contribute to the ecological, recreational, and climate resilience needs of Cotati and the greater Bay Area; and WHEREAS, Laguna de Santa Rosa and Cotati Creek are riparian corridors that provide urban green space, wildlife habitat and corridors, publicly accessible recreation facilities, and water quality benefits that contribute to the ecological, recreational, and climate resilience needs of Cotati and the greater Bay Area; and
WHEREAS, the McGinnis Open Space provides urban green space, wildlife habitat and corridors, stormwater retention, water quality benefits, and native oak woodland that contribute to the ecological, recreational, and climate resilience needs of Cotati and the greater Bay Area; and
WHEREAS, the City of Cotati is working with the Sonoma County Agricultural Preservation and Open Space District, Sandy Loam, Sonoma Water, and other community partners to design and implement projects that enhance the proposed PCAs; and WHEREAS, the designation of a PCA does not alter existing land use designations, zoning, or the local jurisdiction’s land use authority; and 41 of 175

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES RESOLVE 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, and 3) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the resolution nominating VerondaFalletti Ranch, Laguna de Santa Rosa and Cotati Creek, and McGinnis Open Space as Priority Conservation Areas and authorizing submission to the Association of Bay Area Governments.

SECTION 3: General Plan Consistency.

The City council of the City of Cotati does hereby find that the designation of Priority Conservation Areas is consistent with the General Plan, including the following policies:

CON 1A Protect Cotati’s natural setting and habitat for sensitive plant and animal species.

CON 1.1: Sensitive habitats afforded protection and special consideration in this General Plan include wetlands, vernal pools, riparian areas, wildlife and fish migration corridors, native plant nursery sites, waters of the U.S., sensitive natural communities, and other habitats designated by state and federal agencies and laws.

CON 1.2: Preserve and enhance those biological communities that contribute to the City’s and the region’s rich biodiversity including, but not limited to, annual grasslands, freshwater marshes, wetlands, vernal pools, riparian areas, aquatic habitat, oak woodlands, and agricultural lands.

CON 1.5: Conserve existing native vegetation where possible and integrate plant species native to the region into development and infrastructure projects where appropriate.

CON 1B Protect and Enhance Local Riparian, Wetland and Aquatic Habitat.

Policy CON 1.8 Conserve riparian habitat along local creeks, including but not limited to the Laguna de Santa Rosa and Cotati Creek, in order to maintain suitable habitat for native fish and plant species.

CON 1C Protect Areas with High Water Recharge Capability and Surface Water Quality in the City’s Creeks, Streams, and Waterways
Policy CON 1.9 Protect and enhance streams, channels, seasonal and permanent marshland, wetlands, sloughs, riparian habitat, and vernal pools through sound land use planning, community design, and site planning.
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CON 1.10 Support rehabilitation of open existing channelized waterways, as feasible, to remove concrete linings and allow for a connection with the stream channel and the natural water table. Avoid creating additional open channelized waterways, unless no other alternative is available to protect human health, safety, and welfare.

CON 1.11 Where feasible, support restoration of existing channelized waterways to a more natural condition. Restoration efforts should provide for naturalized hydraulic functioning. Restoration should also promote the growth of riparian vegetation to effectively stabilize banks, screen pollutants from runoff entering the channel, enhance fisheries, and provide other opportunities for natural habitat restoration.

CON 2B Reduce Emissions of Greenhouse Gases from City Operations and Community Sources CON 2.11 Preserve, protect and enhance, as appropriate, the City’s carbon sequestration resources, also referred to as “carbon sinks,” to improve air quality and reduce net carbon emissions.

CON 3B Enhance Cotati’s Micro-Climate
CON 3.7 Encourage tree planting, including widespread use of trees as windbreaks to maximize the effects of cooling westerly winds and planting of deciduous trees to help reduce summer temperatures, either in conjunction with new development or through private sector participation.

CON 3D Enhance Cotati’s Present Landscaping in a Visually Pleasing Manner while Promoting Energy Efficiency, Water Conservation, and Native Plants CON 3.20 Encourage and promote programs that teach Cotati residents about native and low-water use plants and landscaping materials, and encourage the use of such plants and materials throughout the City.

LU 1.2: Assignment of land use designations throughout Cotati.

OS 1A Ensure the Provision and Preservation of Diverse and Accessible Open Spaces OS 1.2 Preserve designated open space for conservation, recreation, and agricultural uses.

OS 1.4 Where possible, integrate open space and stream corridors, such as the Laguna de Santa Rosa, with trails and other recreational open space in an environmentally sustainable manner.

OS 1.5 Recognize urban open space as essential to maintaining a high quality of life within the City limits.

OS 1.6 Support regional and local natural resource preservation plans of public agencies that retain and protect open space within the City, Sphere of Influence, and Urban Growth Boundary.

OS 1.7 Encourage public and private efforts to preserve open space.

OS 2A Maintain and Expand the Park and Recreation Network.

OS 2.1 Provide a comprehensive and integrated park, recreation, and open space network 43 of 175
and improve access to existing facilities shown on Figure 9.2, where feasible.

OS 2.2 Develop new park and recreation facilities in areas which are accessible and convenient to the community, prioritizing areas lacking these facilities.

OS 3A Protect Cotati’s Citizens and Businesses from Flooding.

SA 3.8 Encourage and accommodate multipurpose flood control projects that incorporate recreation, resource conservation, preservation of natural riparian habitat, and scenic values of the City’s streams, creeks and wetland/riparian areas. Where appropriate and feasible, the City shall also encourage the use of flood and/or stormwater retention facilities for use as groundwater recharge facilities.

SA 3.9 Encourage flood control measures that respect natural drainage features, vegetation and natural waterways, while still providing for adequate flood control and protection.

SECTION 4: Consistency with the California Environmental Quality Act.

The City Council of the City of Cotati does hereby find that the proposed resolution nominating Veronda-Falletti Ranch, Laguna de Santa Rosa and Cotati Creek, and McGinnis Open Space as Priority Conservation Areas and authorizing submission to the Association of Bay Area Governments is exempt from the California Environmental Quality Act as the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11) and that this ordinance is consistent with and implements the City’s adopted General Plan; therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cotati:

1. Endorses the nomination of Veronda-Falletti Ranch, Laguna de Santa Rosa and Cotati Creek, and McGinnis Open Space as Priority Conservation Areas to be adopted by the Association of Bay Area Governments, recognizing their regional and local significance; and

2. Authorizes staff to complete and submit the required PCA nomination form and any supporting materials to MTC/ABAG;
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 May 27, 2025, by the following vote, to wit:

RESULT: MOVER:

SECONDER: AYES:
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Approved:

Mayor
Attest:

Kevin Patterson, Deputy City Clerk
Approved as to form:

City Attorney
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Priority Conservation Area Program
2025 Nomination Cycle
1 2025 Priority Conservation Areas Nomination
Process
What is a PCA?
Priority Conservation Areas (PCAs) are designated geographic areas nominated by local jurisdictions and recognized by the Association of Bay Area Governments (ABAG) to support regional conservation, resilience, and sustainability goals.

The PCA designation process creates a map of areas that have the potential for conservation, enhancement, restoration and public access. Specific projects within designated PCAs may be eligible for future funding from the PCA Grant Program, which helps local governments, park districts, utility districts and other agencies protect or enhance properties designated as PCAs.

PCAs are defined by two elements: (1) a mapped polygon geography, and (2) a designation as one or more of the five PCA types (Figure 1).

Figure 1: PCA Types
* Climate Adaptation PCAs cannot stand alone; they must be nominated as one additional PCA type too.

What is new about PCAs?
In May 2024, the ABAG Executive Board approved reforms to the PCA planning framework, marking the first substantial changes since its creation in 2007. The two-year PCA Refresh culminated in a Final Report, which introduced new minimum data criteria to improve regional cohesion across PCA geographies.

Who can nominate a PCA?
Only local government entities with local land use authority, including cities, towns, counties, park districts, open space agencies, and water districts, can nominate PCAs. Collaboration with community members, non-governmental organizations (NGOs), and other partners is encouraged. Nongovernmental organizations cannot nominate PCAs. Instead, they should engage with local jurisdictions.

Process and timeline to nominate and amend PCAs
New PCA Nominations
With the PCA Refresh and a portion of existing PCA amendments completed, ABAG is now accepting new PCA nominations. Newly designated PCAs will be eligible for 2025 PCA Grant funding.

Natural Lands Working
Lands
Urban
Greening
Recreation Climate
Adaptation*
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Priority Conservation Area Program
2025 Nomination Cycle
2 The call for new PCA nominations will occur during spring 2025. All nominations or amendments must be submitted by May 2, 2025.

Figure 2: Timeline and Process to Nominate New PCAs.

Existing PCA Amendments
In 2024, many of the 185 PCAs were amended to meet the new criteria, but some still need revisions.

Jurisdictions that have not yet amended existing PCAs may do so during the first nomination window, through May 2, 2025. These jurisdictions will receive an email from ABAG to direct the jurisdiction on the amendment actions needed. ABAG staff will review the amendments to ensure eligibility criteria are met before requesting a final approval from the jurisdiction which can be completed with a director-level or higher signature.

For more information on which PCAs have been amended or need amendments, see amended PCAs, jurisdictions with amendments needed, and the list of PCAs with amendments needed.

Resources to support the PCA nomination process
• Nomination Briefer Part 2: Nomination Considerations
• 2025 PCA Nomination Cycle Webinar (Register here): In addition to the following resources, join us for a webinar, which will include an overview of the PCA nomination process, a walkthrough of the submission tool, and a Live Q&A session.
• Online Map Viewer: Use the PCA GIS Nomination Tool to submit a PCA nomination for review. Use the tool to explore relevant layers, draw PCA boundaries, and submit relevant information. • Case Studies: Learn about strategically nominated PCAs and successful PCA grant applications. • Template Presentation for Jurisdictions: Generic background slides on PCAs and the nomination process, suitable for internal or external presentations.
• Template PCA Nomination Summary Memo for Jurisdictions: A template combining elements of previously used summary memos, which jurisdictions can customize as needed. • Template PCA Nomination Resolution for Jurisdictions: A template based on past resolutions, which can be adapted by local jurisdictions.

Staff Support: Jurisdictions can email Kate Lyons or schedule a 30-minute appointment to discuss nomination or amendment approaches.
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Priority Conservation Area Program
2025 Nomination Cycle
1 PCA Nomination Considerations: Eligibility
Criteria and Prioritizing Nominations
PCA Eligibility Criteria
Priority Conservation Areas (PCAs) nominations and amendments must meet the location-based criteria outlined in the table below, which vary by PCA type. Use the PCA GIS Nomination Tool to submit PCA boundaries and provide supporting details for review. ABAG/MTC staff will assist throughout the nomination window, helping jurisdictions confirm compliance and offering guidance to address any gaps.

In addition to the criteria outlined in the table below, PCA nominations cannot overlap with existing PCAs. If there is a strong desire for a new PCA to cover an area with an existing PCA, the existing PCA must be amended so there is no overlap.

Please note that jurisdictions submitting PCA nominations encompassing more than 50% of their total jurisdiction’s area are required to provide a written justification explaining the rationale for proposing such a large Priority Conservation Area.

Visit MTC’S GIS data catalog to review city limits and urban growth boundaries which are mapping layers that inform eligibility. For information on how eligibility maps were developed for each PCA type, visit the PCA Refresh GitHub methodology website.

Table 1: Geographic Requirements by PCA Type
PCA Type Location Requirement Coverage
Requirement Additional Notes
Natural Land 100% outside city limits or
urban growth boundaries
75% coverage
with eligibility map
Along the bay shoreline, some special
habitats inside city limits are eligible if
100% coverage with the eligibility map
is met.

Working
Land
100% outside city limits or
urban growth boundaries
75% coverage
with eligibility map
Urban
Greening
100% inside city limits or
urban growth boundaries
75% coverage
with eligibility map
Recreation
Can exist inside or outside
city limits or urban growth
boundaries
75% coverage
with eligibility map
Climate
Adaptation
Can exist inside or outside
city limits or urban growth
boundaries
75% coverage
with eligibility map
Must also be nominated as another
PCA type; cannot exist alone.
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2 Considerations for Prioritizing Nominations
Most of the Bay Area meets the eligibility criteria for PCA designation – this was a feature of the PCA Refresh, ensuring local flexibility to nominate most areas. This section offers suggested approaches for prioritizing PCA nominations. Relevant mapping layers are available on the Online Map Viewer.

1. Local Needs and Priorities
• Focus on Equity Priority Communities (EPCs): Prioritize new PCAs in or near EPCs to address social and environmental inequities. Remember to check PCA type and eligibility when nominating areas inside city limits or urban growth boundaries.
• Engage the Community: Leverage past or new community, stakeholder, or CBO engagement to identify areas that reflect community values and needs. • Advance Local Plans: Review existing plans and policies to connect PCA nominations to local conservation and development objectives.

2. Highest-Value Conservation Areas
• Identify the Highest Value and Opportunity Locations: Broad eligibility criteria allow flexibility for local nominations, but nominating all eligible areas can defuse the focus of PCAs. Instead, use data or local knowledge to target areas with the highest conservation value or highest opportunity.

3. Regional Significance
• Review Regionally Identified Priorities. ABAG created Regionally Identified Priorities, or "Regionally Identified PCAs," during the PCA Refresh process to pinpoint lands with regional connectivity or significance for each PCA type. These areas serve the same planning and policy purposes as Locally Nominated PCAs but do not qualify for grant funding unless they are also locally nominated (learn more about Regionally Identified PCAs in the PCA Refresh Final Report, page 16). While Regionally Identified PCAs can help guide the nomination of new PCAs, their absence does not preclude an area from being nominated. View Regionally Identified PCAs in the Online Map Viewer to strategically align local nominations with regional goals. Jurisdictions are encouraged to nominate Regionally Identified PCAs when in agreement with local priorities.

4. Multi-Benefit Opportunities
• Consider Areas that Advance Multiple Goals: Many locations meet criteria for multiple PCA types (e.g. a local stream may be a critical habitat, trail gap, park desert, and flood risk area). Prioritize areas that achieve multiple PCA conservation goals to maximize co-benefits like biodiversity, climate resilience, recreation, community health, and equity.
• Enhance Connectivity: Support nominations that link regionally significant habitat corridors and recreation networks.

Priority Conservation Area Program
2025 Nomination Cycle
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Priority Conservation Area Types: Definition, Objectives, Datasets and Benefits Natural Lands (NL)
Areas critical to the functioning of wildlife and plant habitats, aquatic ecosystems and the region’s water supply and quality.
• Natural Lands Objective 1 – Protect a full representation of the Bay Area’s habitats in robust amounts to ensure long-term resilience of the region’s biodiversity. o Datasets: Essential Lands (CLN 2.0), Resilience Sites (TNC), Areas of Conservation Emphasis (CDFW).
• Natural Lands Objective 2 – Enhance watersheds including priority stream corridors, wetlands, and groundwater recharge areas.
o Datasets: Stream Conservation Targets (CLN 2.0), Soil Agricultural Groundwater Banking Index (UC Davis), Marsh Suitability/Polder Management/Tidal Marsh (SFEI), Fish Passage Assessment Database (Caltrans).
• Natural Lands Objective 3 – Maintain and enhance wildlife corridors and habitat connectivity. o Datasets: Bay Area Critical Linkages (CLN 2.0), Wildlife Movement Barrier Priorities (CDFW).

Primary benefits
• Terrestrial & aquatic ecosystem health
• Water supply and quality
• Habitat connectivity
• Equity – stewardship diversity
Co-benefits
• Carbon sequestration
• Recreation
• Climate resilience
• Compact growth
Agricultural/Working Lands (WL)
Farmland, grazing land and timberland that support the region’s agricultural economy and provide additional benefits such as habitat protection and carbon capture. • Agricultural/Working Land Objective 1 – Protect important farmland, grazing land, and timber land to support the Bay Area agricultural economy and access to locally- and community-grown food. o Datasets: Farmland (FMMP), Grazing Lands (FMMP)
• Agricultural/Working Land Objective 2 - Maintain areas of high carbon stock and enhance low-carbon stock areas with multi-benefit management to support carbon sequestration. o Dataset: Existing Carbon Stock (Greenprint)
Primary benefits
• Agricultural resources and economy
• Carbon sequestration
• Equity – farmworker housing
• Equity – land ownership diversity
Co-benefits
• Wildlife habitat
• Water supply and quality
• Climate resilience
• Compact growth
Urban Greening (UG)
Existing and potential green spaces in cities that improve community health, capture carbon emissions, address stormwater, and enhance the public realm.
• Urban Greening Objective 1 – Expand tree cover in urban areas with limited shade and vegetation. o Dataset: Tree Canopy (NLCD, 2021)
• Urban Greening Objective 2 – Expand green stormwater infrastructure projects particularly in areas with low surface permeability or other stormwater management issues in urban areas. o Dataset: Impervious Surface (NLCD, 2021)
• Urban Greening Objective 3 – Enhance urban creeks to provide improved ecological, recreational, and resilience functions.
o Dataset: Stream Conservation Targets (CLN 2.0)
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• Urban Greening Objective 4 – Prioritize urban greening areas within 1/2-mile radius of Equity Priority Communities and/or areas with high pollution burden.
o Datasets: Equity Priority Communities (MTC), CalEnviroScreen 4.0 (OEHHA) Primary benefits
• Community health
• Climate resilience
• Urban riparian corridors
• Equity – community nature benefits
Co-benefits
• Wildlife habitat
• Water quality
• Recreation
• Urban agriculture
Recreation (R)
Existing and potential parks, trails, and other publicly accessible recreation facilities that support community wellbeing.
• Recreation Objective 1 - Complete and enhance access to the Regional Trails Network. o Dataset: Regional Trail Network (BATC)
• Recreation Objective 2 - Create new and enhance existing local parks, particularly in areas with limited access to outdoor recreation.
o Datasets: Areas of High Park Need (TPL Park Serve), Park Deserts (WRT) • Recreation Objective 3 - Prioritize recreation areas within 1/2 mile radius of EPC. o Dataset: Equity Priority Communities (MTC)
Primary benefits
• Recreation
• Community health
• Zero-emission travel
• Equity – community nature benefits
Co-benefits
• Wildlife habitat
• Water quality
• Climate resilience
• Connectivity
Climate Adaptation (CA)
Areas that will accommodate habitat range shifts and will buffer climate impacts to enhance ecosystem and community resilience.
• Climate Adaptation Objective 1 – Enhance and prepare areas that provide habitat migration opportunities, particularly for marsh and other shoreline systems when sea levels rise, and extreme precipitation events become more frequent.
o Datasets: 100-Year Flood Zone (FEMA), Sea Level Rise - 4.9' (MTC/BCDC, built from USGS & DSC) • Climate Adaptation Objective 2 - Manage very high fire risk to reduce the intensity and spread potential for future wildfires.
o Dataset: Fire Hazard Severity Zone (CALFIRE)
• Climate Adaptation Objective 3 - Enhance areas that provide cooling experiences in areas experiencing extreme heat.
o Datasets: Extreme Heat (CalAdapt), Urban Heat Island Effect (Greenprint/UC Berkeley) Primary benefits
• Climate resilience
• Community health
• Habitat migration
• Equity – community benefits
Co-benefits
• Wildlife habitat
• Carbon sequestration
• Water quality
• Recreation
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Attachment B—Urban Greening PCA-Eligible Areas in Cotati (orange shaded areas) 52 of 175
Attachment C—Urban Greening PCA-Eligible Areas in Cotati (orange shaded areas) 53 of 175
Attachment D: Proposed Priority Conservation Areas
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Consideration, introduction and first reading of a draft ordinance to amend Chapters 17.22 Allowable Land Uses, 17.30 Standards for All Development and Land Uses, 17.42 Standards for Specific Land Uses,

17.44 Telecommunication Facilities and 17.62 Permit Review and Decisions of the Cotati Municipal Code
Date: May 27, 2025
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 the first reading of a draft ordinance amending Cotati Municipal Code (CMC) Chapters 17.22 Allowable Land Uses, 17.30 Standards for All Development and Land Uses, 17.42 Standards for Specific Land Uses, 17.44 Telecommunication Facilities and 17.62 Permit Review and Decisions to correct errors, streamline permitting processes, establish consistency with state law, and allow flexibility in the development of residential accessory equipment, structures and fences, citywide.

Background
Periodically, Community Development staff identifies areas of the code that would benefit from minor language changes to address re-occurring challenges with implementation, correct inconsistencies and/or improve processes. This perspective is typically informed by community input, staff experience and City Council direction. Over the past several months, staff have identified sections of the code that would benefit from clarifying language or minor modifications to ensure that their application is consistent and efficient or to improve the experience for community members. In every instance, the proposed amendments to the CMC are intended to improve the clarity of regulations, streamline permitting processes, establish consistency with state law and/or correct errors and inconsistencies.

On April 21, 2025, the Planning Commission conducted a public hearing to review the code changes proposed in the draft ordinance, provide input and direction on the proposed updates, 55 of 175
and make a recommendation to the City Council regarding adoption of the ordinance. After reviewing all materials provided and conducting the hearing, the Commission voted unanimously (5-0) to recommend that the City Council adopt the ordinance implementing the identified code changes and updates.

Analysis/Discussion
Land Use and Planning Considerations of Proposed Changes This section provides a brief summary of the proposed changes to each section of the zoning code, the challenges the existing language poses and the intent behind the proposed change. For greater clarity regarding the proposed code language changes, staff has prepared a red-line version of the draft ordinance revisions, included as Exhibit A.

Proposed Change:

CMC Section 17.22.020, Table 2-2 establishes the allowable uses of properties and the permit requirements for uses within low density and neighborhood zones. The proposed change in this section is to change the superscript next to the Crop production, Community Garden, Farmers Market, and Produce stand from 5 to 6.

Reason for Change:

The reason for the change of the superscript from 5 to 6 is to correct a typo. The superscript references the notes at the bottom of Table 2-2, and currently, the 5 superscript refers to a note that these uses are permitted as an accessory use, while the 6 identifies the reduced fee directed by the City Council for these proposed agricultural uses.

Proposed Changes:

CMC Section 17.30.020, .030 and .042 (Table 3-2) govern general setback requirements, fence height regulations and equipment setback rules. The proposed changes are intended to reduce the setback requirements for heating and cooling equipment; provide the same setback regulations for swimming pools as for other accessory structures; and to create a discretionary mechanism by which property owners may request additional height for solid fencing in their front yard setback.

Reason for Changes:

Changes to 17.30.020 C. Setback Requirements are intended to add heating and cooling equipment to the list of exemptions from setbacks. It is common for replacement HVAC equipment to be proposed in the same location as existing (to take advantage of the existing electrical and condensation lines setup for the previous equipment), or for newly installed heating/cooling compressors to be located in the side yard. However, many homes in conventional subdivisions are built to the side setback line, leaving no room for this new or replacement equipment to comply with the setback requirements. Further, new and replacement HVAC equipment is often within the acceptable noise range for single family neighborhoods, making placement of said equipment within the setback less problematic than other types of equipment. Changes to 17.30.040 Mechanical and utility equipment placement further detail application of these allowances.
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Changes to 17.30.020 G. Setback Requirements for Specific Structures are intended to make the setback requirements for swimming pools consistent with other accessory structures across all zoning districts. The current language creates unique setbacks for swimming pools while also making them variable based on lot size. This difference is arbitrary and creates inconsistent setback requirements across properties within the same zoning district (which can be punitive and problematic to apply). Given the range of allowable uses within the setback areas now allowed under state housing law, staff sees the proposed standard setbacks for all accessory structures as an improvement to the consistency and fairness of the zoning regulations.

Changes to 17.30.030 Fences walls and screening. B. Height Limits Table 3-2 are intended to make seven-foot side yard fencing permissible by-right, and the addition of lattice for a maximum height of eight-feet, permissible by-right with a building permit. The California building code currently allows up to seven-foot fences without the need for a building permit and many properties are developed with side and rear yard fences up to eight feet in height. This creates enforcement challenges and sets up conflicts when existing fencing is proposed to be repaired or replaced. Lastly, the changes create a (discretionary) mechanism by which property owners may request to construct solid fencing. While limited, there are occasions where property owners may be justified in requesting solid fencing above the 42-inch height currently allowed within the front setback. The proposed changes would create a mechanism for this to be requested, while also keeping the process discretionary to ensure planning staff has input on the request and design.

Proposed Changes:

CMC Section 17.42.080 and .160 govern home occupation and residential accessory uses and structures. The proposed changes are intended to respond to changes in state law regarding Cottage Food Operations and Micro Enterprise Home Kitchen Operations (by adding them to the list of permissible home occupations uses) and to remove the covered parking requirements from home occupation uses, generally. CMC Section 17.42.160 A. & F. govern the number and location of residential accessory structures. The proposed changes are intended to clarify the number and type of residential accessory structures allowed.

Reason for Changes:

The State of California has recently made changes to the allowable food related businesses which may be operated from a private residence, and these uses include Cottage Food Operations and Microenterprise Home Kitchen Operations (MEHKOs). As such, these uses are being added to the list of allowable home occupation business operations to bring the CMC Section 17.42.080 into conformance with State law. Additional changes are proposed to remove references to covered parking, given the City’s recent elimination of the covered parking requirement, citywide. Changes to CMC Section 17.42.160 are proposed to increase the number of residential accessory structures allowed on an individual parcel. Currently the CMC language limits the number of accessory structures allowed in most residential zoning districts to just one, effectively preventing a property from adding a shed if it is already developed with a detached garage. This language seems arbitrary, potentially punitive and unnecessary given there are many other factors limiting accessory structure development including lot coverage, setback and height limitations. In most instances allowing more than one accessory structure on a residential parcel will have no negative impacts on the surrounding character or use of the property. 57 of 175
Proposed Changes:

CMC 17.44 governs the installation, design and review procedures of telecommunication facilities throughout the City. Changes proposed to this section of the CMC would add two new requirements to the application materials required upon submittal of an application for a new telecommunication facility: coverage maps and an Electromagnetic Frequency (EMF) exposure report.

Reason for Changes:

During the review of a recent application for a telecommunication facility, City staff and decision makers became aware that the above-mentioned materials were not required upon initial submittal for a new telecommunication facility in Cotati. The information contained in these reports was identified as of critical interest to the public, staff and decision-makers to inform the review of any proposed new telecommunication facility. As such, these two reports are proposed to be added to the list of application requirements identified in CMC 17.44.040 Permit requirements. B. Application Requirements.

Proposed Change:

CMC 17.62.030 describes the review and decision-making process for Limited Term Permits, which provide a mechanism for a temporary (less than 12-months) activity or use of a property.

Limited Terms Permits are primarily used by businesses and event promoters to conduct unique activities beyond the typical use of a business or property and are seen as beneficial tools for economic development and community events. The changes proposed are intended to improve the predictability in the decision and timeline of the process.

Reason for Change:

Due to their unique and infrequent nature, businesses planning an event may not fully understand the timelines needed for the City to finalize a decision related to a Limited Term Permit Request (LTP). Under the current procedures, City staff notice the surrounding property owners (and residents) of the requested permit and, pending a (Director level) decision on this request, identifying that a hearing will be held to make the decision only if requested. This creates a process whereby interested or concerned individuals often feel their only recourse to participate in the decision on the LTP is to request a hearing be held to make the decision. This request then adds significant time and cost to the decision process, which may not have been considered by the applicant in their event planning schedule.

The proposed changes would modify the decision process to elevate the decision to be made at a publicly noticed meeting (without the need for it to be “requested”), allowing interested parties to participate directly in the decision, but also adding certainty into the date and overall cost for the applicant. Anyone dissatisfied with the decision would have the right to appeal to the Planning Commission as a recourse.

Proposed Change:

CMC Section 17.62.060 provides the purpose and decision process for approval of a variance and minor variance. A minor variance is similarly decided by the Community Development 58 of 175
Director and also includes the potential for a two-step process described above for Limited Term Permits, adding similar uncertainty and cost to the process unnecessarily. The proposed change to the process would mirror that of the LTP, identifying that the decision be made at a publicly noticed meeting allowing all interested parties to participate, but ensuring the decision would occur on a set date and utilizing a specific process.

Further, CMC 17.62.060 C. is proposed to be modified allow a minor variance to grant relief to certain requirements to increase from 10% to up to 25%.

Reason for Change:

The reason for the proposed change to the decision process is to add certainty to the timeline and cost for the decision, while also providing opportunity for any interested member of the public to participate in the decision process for a minor variance.

The reason for the proposed change to the scope of an allowable minor variance is to make their application more functional. Setback requirements are the most common and granting relief up to 10% is often not functional relief. As an example, 10% of a five- or ten-foot setback would allow the setback to be reduced by 0.5 feet or 1-foot respectively. Allowing up to 25% would make the application of a minor variance more functional and available provide relief in more situations.

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 to streamline permitting processes, provide best in class customer service, and use land appropriately. Below are the most applicable General Plan goals and policies supporting the proposed code amendments.
-Policy LU 2.12: Continue to permit home occupations in residential areas, provided they do not alter the residential character of the neighborhood.
-Goal LU 4: Provide a streamlined and straightforward permitting process that promotes transparency, predictability, cost savings, and customer service. -Policy EV 1.11: Encourage commercial uses that provide everyday goods and services for residents.
-Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of the existing commercial businesses. -Policy EV 1.18: Ensure clarity and transparency in local regulations, permitting processes, and fee structures.

Specifically, the proposed amendments to Chapter 17.22 Allowable Land Uses, 17.30 Standards for All Development and Land Uses, 17.42 Standards for Specific Land Uses, 17.44 Telecommunication Facilities and 17.62 Permit Review and Decisions are consistent with and 59 of 175
implement the identified General Plan goals, policies, and programs. These changes will serve to streamline the residential fence permitting process, allow for flexibility in the development of residential accessory structures, establish consistency in permitting procedures, expand the clarity and transparency of regulations and improve customer service.

Financial Considerations
There are no direct impacts to the general fund identified as a component of the review and decision on the draft ordinance. The staff time and hearing notice costs allocated to the effort is within the adopted department budget.

Environmental Issues
The potential impacts of the proposed project were analyzed and addressed to a less-thansignificant level in the Cotati General Plan Update EIR (SCH# 2013082037), which was certified by the Cotati City Council on March 24, 2015, and the California Environmental Quality Act (CEQA) Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with an existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified. As noted, the proposed project is consistent with the land use designations and densities established by the Cotati General Plan, for which an EIR was certified.
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ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI AMENDING CHAPTERS 17.22 ALLOWABLE LAND USES, 17.30 STANDARDS FOR ALL DEVELOPMENT AND LAND USES, 17.42 STANDARDS FOR SPECIFIC LAND USES,

17.44 TELECOMMUNICATION FACILITIES AND 17.62 PERMIT REVIEW AND

DECISIONS OF THE COTATI MUNICIPAL CODE TO CORRECT ERRORS,

STREAMLINE PERMITTING PROCESSES, ESTABLISH CONSISTENCY WITH

STATE LAW, AND ALLOW FLEXIBILITY IN THE DEVELOPMENT OF

RESIDENTIAL ACCESSORY EQUIPMENT, STRUCTURES AND FENCES
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, one of the purposes of the Cotati Municipal Code is to codify standards and establish permitting procedures for development within city limits; 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 April 21, 2025, 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 correct errors, streamline permitting processes, establish consistency with state law and allow flexibility for multiple types of residential accessory equipment, fences and structures.

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 City Council 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; and WHEREAS, on May 27, 2025, 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 correct errors, streamline permitting processes, and allow flexibility for multiple types of residential accessory equipment, fences and structures, reviewed the staff report, received a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.

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

SECTION 1: Recitals.
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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) 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 correct errors, streamline permitting processes, establish consistency with State law and allow flexibility for multiple types of residential accessory equipment, fences and structures.

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 correct errors, streamline permitting processes, establish consistency with state law and allow flexibility for residential accessory equipment, fences and structures, 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 to provide home occupations consistent with the allowances of state law, help to ensure the City provides best in class customer service, will streamline permitting processes for commercial uses in appropriate areas of the City, conserve resources, allow appropriate growth and business stability through the establishment of clear and transparent regulations.

Policy LU 2.12: Continue to permit home occupations in residential areas, provided they do not alter the residential character of the neighborhood.

Goal LU 4: Provide a streamlined and straightforward permitting process that promotes transparency, predictability, cost savings, and customer service.

Policy EV 1.11: Encourage commercial uses that provide everyday goods and services for residents.

Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of the existing commercial businesses.

Policy EV 1.18: Ensure clarity and transparency in local regulations, permitting processes, and fee structures.

More specifically, the proposed amendments to Chapter 17.22 Allowable Land Uses, 17.30 Standards for All Development and Land Uses, 17.42 Standards for Specific Land Uses, 17.44 Telecommunication Facilities and 17.62 Permit Review and Decisions are consistent with and implement the identified General Plan goals, policies, and programs. These changes will serve to streamline the residential fence permitting process, allow for flexibility in the development of residential accessory structures, establish consistency in permitting procedures, expand the clarity and transparency of regulations and improve customer service.

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 identified herein are related to and 62 of 175
implement the goals, policies, and objectives of the 2015 General Plan, 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 address any potential environmental impacts of the proposed code changes. Additionally, some of these changes have been mandated by updates to state law. Finally, future project-specific environmental analysis of any telecommunication, limited term and/or minor variance 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 17.22, Section 17.22.020, Table 2-2 is amended to read as follows:

Section 17.22.020 (excerpt)
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP UP P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture,
orchard, vineyard(6)
– UP UP UP – – – 17.42.240
Market garden – – P P P P P 17.42.230,

17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, manufacturing and
processing, wholesaling
– – – – – – –
Artisan/craft product manufacturing – UP UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden(6) – UP P P P P P 17.42.220,

17.42.240
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

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

17.39.040,

17.42.100
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4) 17.39.050
Supportive housing – – – – – P P
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or
less
– – – – UP UP UP
Farmers Market(6) – UP – – – – –
Garden Stand – – P P P P P 17.42.130,

17.42.230
Produce stand(6) – UP UP UP – – – 17.42.130
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services – – – – – – –
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day
care home
– UP P P P P P
Child day care – Large family day
care home
– – P P P – – 17.42.060
Child day care – Day care center – UP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn
(B&B)
– – UP UP – – – 17.42.050
Personal services – 1,000 sq. ft. or
less
– – – – – UP UP
Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Telecommunications facility(7) – S – – – – – 17.44;

17.44.065
Windmills – – UP – – – – 17.42.190
Key to Zoning District Symbols
OSC Open Space –
Conservation
NL Neighborhood – Low
Density
OSR Open Space – Recreation NM Neighborhood – Medium
Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling or two-unit multifamily plex development (duplex) on a parcel will not preclude future subdivision and/or development in compliance with the general plan and this chapter. (5) Permitted as an accessory use.
(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.
(7) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.

SECTION 6: Amendment to the Cotati Municipal Code. Chapter 17.30 Section 17.30.020 Build-to-lines and Setbacks is amended to read as follows:

17.30.020 Build-to-lines and setbacks.

A. Purpose. This section explains the applicability of build-to-line requirements established by certain zoning districts in Article 2; and provides standards for the location, required size and allowable uses of setbacks.

1. Build-to-Lines. A build-to-line specifies the required location of new structures with respect to the 66 of 175
street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets, to enhance the comfort and convenience of the pedestrian experience.

2. Setbacks. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.

B. Build-to-Line Requirements. Each proposed structure shall comply with any build-to-line requirement established by the applicable zoning district by having at least eighty percent of the length of its street-facing facade abutting the build-to-line. The review authority may waive build-to-line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to-line requirements, and secondary buildings are placed on the site to the rear of the front buildings.

2. Exemptions from Setback Requirements. The minimum setback requirements of this land use code do not apply to the following:
a. A building feature that projects into a required setback allowed by subsection F of this section; b. A fence or wall seven feet or less in height, when located outside of a front or street side setback; c. A deck, earthwork, step, patio, freestanding solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of eighteen inches above the surrounding grade at any point;
d. A sign in compliance with Chapter 17.38 (Signs) of this title; e. A retaining wall less than thirty inches in height above finished grade;. f. Mechanical equipment associated with the primary use of the main structure in compliance with Sections 17.30.042 and 17.30.050 of this Chapter.

D. Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-1. 67 of 175
Figure 3-1. Location and Measurement of Setbacks

1. Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.
a. Developed Residential Block. In a block with a street frontage of three hundred feet or more and six hundred feet or less in the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:
i. The minimum front setback required for the applicable zoning district; or ii. The average of the actual front setbacks of the existing structures along the same block face. b. Averaging. In the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels on a single block face have been improved with structures at the time of adoption of this land use code, and the front setbacks of the parcels vary in depth up to six feet, the required front setback depth for the applicable zoning district shall not apply, but rather, the required front setback on the block shall be the average depth of the front setbacks of the parcels with existing structures. c. Mapped Street with Future Improvements. If the city has established a plan that identifies a rightof-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan. d. Infill Development on a Parcel Within a Previously Approved Project. Where the city has established specific setback requirements for individual single-family residential parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this land use code, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this land use code.
e. Flag Lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a setback 68 of 175
line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2.

Figure 3-2. Flag Lot Front Setback
f. Corner Lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the director.
g. Double-Frontage Lots. A double-frontage lot is considered to have two front lot lines, and a required front setback shall be provided from both front lot lines. i. Vehicular access onto a double-frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street.
ii. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.

See Section 17.78.030(F)(5)(b) of this title regarding the limited circumstances where new doublefrontage lots are allowed.

2. Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks. See Figure 3-1.

3. Street Side Setback. The side setback on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:
a. The nearest point on the side property line bounding the street; b. The edge of an easement for a private road;
c. The inside edge of the sidewalk; or
d. The boundary of a planned future right-of-way established as described in subsection (D)(1)(c) of this section.

4. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property 69 of 175
line. See Figure 3-1.
a. In the case of a double-frontage lot, the director shall determine which frontage is the front and which is the rear, for the purpose of measuring front and rear setbacks. b. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line ten feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback.

See Figure 3-3.

Figure 3-3. Rear Setback on Irregular Lot
E. Limitations on the Use of Setbacks.

1. Structures. A required setback area shall not be occupied by structures other than:
a. The fences and walls permitted by Section 17.30.030 (Fences, walls, and screening) of this chapter; and
b. The projections into setbacks allowed by subsection F of this section and the applicable zoning district.

2. Storage of Materials. No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.

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

4. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter.
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F. Allowed Projections into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3-1.

See also Figure 3-4. These requirements do not apply to accessory structures which are instead subject to Sections 17.42.020 (Agricultural accessory structures) and 17.42.160 (Residential accessory uses and structures) of this title.

Table 3-1
Allowed Projections Into Setbacks
Allowed Projection into Specified Setback
Projecting Feature
Front Setback Side Setback Rear Setback
Attached deck, landing, porch, stairway –
Uncovered, unenclosed, and less than 30
in. above grade
25% of setback to a
maximum of 5 ft.

May project to
property line
May project to
property line
Balcony, attached deck, landing, porch,
stairway – Which may be roofed but is
otherwise unenclosed
25% of setback to a
maximum of 5 ft.
20% of side
setback(1)
20% of setback(1)
Balcony, attached deck, landing, porch,
stairway – Covered and enclosed
Not allowed in
setback
Balcony, attached deck, landing, porch,
stairway – Uncovered and unenclosed,
30 in. or more above grade
5 ft. 36 in.(1) 5 ft.(1)
Bay window, or similar projecting
feature
36 in. 20% of setback(1) 36 in.

Chimney/fireplace, 6 ft. or less in breadth 24 in. 24 in.(1) 24 in.(1) Cornice, eave, awning, roof overhang 24 in. 30 in.(1) 5 ft.(1) Notes:
(1) Feature may project no closer than thirty-six inches to any side or rear property line. 71 of 175
Figure 3-4. Examples of Allowed Projections into Side Setback G. Setback Requirements for Specific Structures.

1. Accessory Structures. See Sections 17.42.020 (Agricultural accessory structures and uses) and

17.42.160 (Residential accessory uses and structures) of this title.

2. Fences. See Section 17.30.030 (Fences, walls, and screening) of this chapter.

3. Detached Decks and Other Site Design Elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of eighteen inches above the surrounding grade at any point, shall comply with the setback requirements of this land use code for detached accessory structures.

4. Swimming Pool, Hot Tub, Etc. A swimming pool, hot tub, or spa shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback. All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements established in this section.

5. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).

SECTION 7: Amendment to the Cotati Municipal Code. Chapter 17.30 Section 17.30.030 Fences, Walls, and Screening is amended to read as follows:

17.30.030 Fences, walls, and screening. (excerpt)
A. Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.

1. Fences or Wall in Flood Hazard Area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the department shall require a building permit, and shall comply with all requirements of the city engineer in addition to the requirements of this section.

2. Exemptions. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.

B. Height Limits. Each fence, wall, and hedge shall comply with the height limits shown in Table 3-2. 72 of 175
Table 3-2
Maximum Height of Fences, Walls, and Hedges
Location of Fence, Wall, or Hedge Maximum Height
Within front or street side setback Solid wall, hedge, or fencing: 42 in.

Open fencing: 42 in. in all zoning districts,
except:
a. Up to 6 ft. is allowed in RR; and
b. From 42 in. to 72 in. is allowed with
Administrative Design Review approval
See also Section 17.30.040(E) (Height limit at
street corners)
Within interior side or rear setback – Residential
zone
7 ft.(12)
Within interior side or rear setback – Nonresidential
zone
7 ft.(1)
Within a zone where no setback is required
20 ft. or more to the rear of a front or street side
property line
7 ft.(1)
Within 20 ft. of a front or street side property line 42 in. for solid wall, hedge, or fencing 6 ft. for open fencing
At intersections of alleys, streets, and driveways
within sight visibility areas. See 17.30.040(E)
(Height limit at street corners).
3 ft.

SECTION 8: Amendment to the Cotati Municipal Code. Chapter 17.30 Section 17.30.042 Mechanical and utility equipment placement is amended to read as follows:

17.30.042 Mechanical and utility equipment placement.

Ground-mounted mechanical equipment located outside, and associated with the use of the primary structure are exempt from setback requirements. Examples of this equipment include: heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar equipment that is allowed to be installed aboveground. Ground-mounted mechanical equipment located outside, and associated with the use of an accessory structure are subject to applicable accessory structure setback requirements. See also Sections 17.30.050, Noise Standards and 17.30.100, Underground utilities. (Ord. 766 § 2 Exh. A (part), 2004).

SECTION 9: Amendment to the Cotati Municipal Code. Chapter 17.42 Section 17.42.080 73 of 175
Home Occupations is amended to read as follows:

17.42.080 Home occupations.

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:

A. Business License Required. A home occupation shall require a city business license.

B. Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1. Uses Allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:
a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; c. Personal trainers and licensed massage therapy and physical therapy; d. Tailors, sewing; and
e. Cottage Food Operations operating in compliance with the California Health and Safety Code and possessing a current permit from County of Sonoma Environmental Health.

2. Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Auto and other vehicle sales, repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks; d. Commercial cabinet or furniture making, and similar uses; e. Contractor’s and other storage yards;
f. Dismantling, junk, or scrap yards;
g. Fitness/health facilities, except those allowed under subsection (B)(1) of this section; h. Medical clinics and laboratories;
i. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;
j. Personal services as defined in Article 9 (Glossary), except those allowed under subsection (B)(1) of this section;
k. Transportation services, including ambulance, taxi, limousine, tow truck, etc.; l. Uses which require explosives or highly combustible or toxic materials; m. Welding and machine shop operations;
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n. Wood cutting businesses; or
o. Other use the director determines to be similar to those listed above.

C. Operating Standards. Home occupations shall comply with all of the following operating standards:

1. Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-Site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

7. Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/Customer Visits. The home occupation shall be operated so as to not require more than twelve vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of nine a.m. and eight p.m.

10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.

11. Motor Vehicles. The motor vehicles used or kept on the premises, except residents’ passenger vehicles, shall comply with the requirements of Section 17.36.130 (Commercial vehicles on private property) of this title.

12. Utility Service Modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. 766 § 2 Exh. A (part), 2004).

SECTION 9: Amendment to the Cotati Municipal Code. Chapter 17.42 Section 17.42.160 Residential accessory uses and structures is amended to read as follows: 75 of 175

17.42.160 Residential accessory uses and structures.

A. Applicability. This section provides standards for residential accessory uses and structures. Where allowed by Chapter 17.22 (Allowable Land Uses) accessory structures shall be allowed on any parcel, as long as lot coverage standards and setback requirements are met. These requirements do not apply to residential accessory dwelling units and junior accessory dwelling units, which are instead regulated by Section

17.42.170 (Accessory dwelling units/junior accessory dwelling units).

B. Relationship to Primary Use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C. Timing of Installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:

1. The site is within the RR zoning district, is one acre or larger, and the proposed accessory structure is a garage; or

2. Construction in advance of a primary structure is authorized through minor use permit approval.

D. Attached Structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and buildto-lines; and shall also comply with any applicable requirements of subsection F of this section.

E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:

1. Setbacks.
a. Front Setback. An accessory structure shall not be located within a required front setback. b. Side and Rear Setbacks. An accessory structure with a height of twelve feet or less shall maintain side and rear setbacks of at least five feet.
c. Separation Between Structures. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the primary dwelling unit. d. Double-Frontage Lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is set back at least seventy-five feet from any street lot line.
e. Reverse Corner Lot. On a reverse corner lot that abuts a key lot, no accessory structure shall be nearer the street than a distance equal to the depth of the front setback required for the key lot. See Figure 4-3.
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Figure 4-3. Accessory Structure Setback, Reverse Corner Lot

2. Height Limit. The height of an accessory structure other than a detached garage shall not exceed twelve feet, except where a greater height is authorized through minor use permit approval.

3. Coverage and Size Limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed five hundred square feet for properties developed with a single family home with or without ADUs or JADUs. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

F. Standards for Specific Accessory Uses and Structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of subsection A of this section, as applicable.

1. Antennas. Antennas shall comply with the requirements of Chapter 17.44 (Telecommunications Facilities) of this title.

2. Garages and Carports. A garage, carport, or other structure that shelters vehicles accessory to a singlefamily dwelling or multifamily plex development shall comply with the following requirements.

Covered parking for a multifamily development of ten or more units shall comply with the zoning district standards in Section 17.24.030 of this title. Covered parking for multifamily developments shall also comply with the requirements of Section 17.39.030 or 17.39.040 of this chapter, as applicable:
a. Limitation on Number. Except in the RR and RVL zoning districts, a single parcel shall have only one attached or detached garage or carport per dwelling unit. b. Setback Requirements.
i. Front Setback. A garage or carport shall comply with the garage front setback requirements of the applicable zoning district.
ii. Side Setbacks. A garage or carport shall be set back a minimum of five feet from side property lines, except that the review authority may authorize a zero side setback for a garage abutting a property line where the adjacent property owner has granted a maintenance easement, provided that the garage is located at least eight feet from the opposite side property line, and the maintenance easement is first reviewed and approved by the city.
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iii. Rear Setback. An attached garage or carport shall comply with the rear setback requirements of the applicable zoning district. A detached garage or carport shall be set back a minimum of five feet from the rear property line where vehicles access the garage or carport from the front of the lot, and shall be located a minimum of twenty-five feet from the opposite side of the alley where accessed from an alley. c. Facade Width. The facade of any garage, or carport opening facing a street shall not exceed a width of twenty-five feet.
d. Design. Each garage, carport or other structure used to shelter vehicle parking space shall be of the same architectural style and use the same exterior materials as the primary dwelling. No temporary or portable structure for sheltering a parked vehicle shall be allowed.

3. Greenhouses. An accessory greenhouse may occupy up to four hundred square feet for each dwelling unit in the RVL, NL, NM, and NU zoning districts; and one thousand square feet or five percent of the parcel area, whichever is smaller, in the RR zoning district.

4. Guesthouses. Guesthouses shall comply with the requirements for attached or detached residential accessory structures in subsections D and E of this section.

5. Patio Covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:
a. The five-foot separation from the primary dwelling unit required by subsection (E)(1)(c) of this section does not apply;
b. The structure shall comply with the coverage and size limitations of subsection (E)(3) of this section; and
c. No part of the patio cover shall be closer than ten feet to a property line.

6. Swimming Pools. Noncommercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:
a. Setbacks. No swimming pool shall be located within a required front or side setback, or within five feet of a property line; and
b. Fence or Wall. No swimming pool shall be located within three feet of a fence or wall.

7. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements:
a. Setbacks. No court shall be located within a required setback, or within ten feet of any property line; and
b. Fencing. Court fencing shall comply with Section 17.30.030 (Fences, Walls, and Screening) of this title; and
c. Lighting. Court lighting shall require minor use permit approval, and shall not exceed a maximum height of twenty feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall comply with Section 17.30.060 (Outdoor lighting) of this title.

8. Workshops or Studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, is subject to the following standards when located in a RR, RVL, NL, NM, or NU zoning districts:
a. Limitation on Use. The use of an accessory structure as a studio shall be limited to: noncommercial 78 of 175
hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 17.42.080 (Home occupations) of this chapter; and
b. Floor Area. A workshop shall not occupy an area larger than twenty-five percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see subsection (F)(2) of this section. (Ord. 915 § 13, 2022; Ord. 893 § 9, 2020; Ord. 766 § 2 Exh. A (part), 2004).

SECTION 9: Amendment to the Cotati Municipal Code. Chapter 17.62 Section 17.62.030 Limited term permit is amended to read as follows:

17.62.030(H) (excerpt)
H. Project Review, Notice and Meeting. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.

1. Public Notice and Meeting. Prior to a decision on a limited term permit, the director shall hold a public meeting. The city shall provide notice of the public meeting in compliance with the following:
a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, that is the subject of the meeting.
b. Method of Notice Distribution. Notice shall be mailed or delivered at least ten days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the meeting.

SECTION 9: Amendment to the Cotati Municipal Code. Chapter 17.62 Section 17.62.060 Variance and minor variance is amended to read as follows:

17.62.060(E)(2) (excerpt)

2. Minor Variance. The director may approve or deny a minor variance, or may choose to refer any minor variance application to the commission for a hearing and decision in the same manner as provided for a variance by subsection (E)(1) of this section. Prior to a decision on a minor variance, the director shall hold a public meeting. The city shall provide notice of the public meeting in compliance with the following:
a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and 79 of 175
ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, that is the subject of the meeting.
b. Method of Notice Distribution. Notice shall be mailed or delivered at least ten days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the hear.

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 80 of 175
Kevin Patterson, Deputy City Clerk
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Section 17.22.020 (excerpt)
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, manufacturing and
processing, wholesaling
– – – – – – –
Artisan/craft product
manufacturing
– UP UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden(6) – UP P P P P P 17.42.220,

17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or private – UP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation
facility
– – – UP UP UP UP
School – Elementary, middle,
secondary
– – – UP UP UP –
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

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

17.39.040,

17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4) 17.39.050
Supportive housing – – – – – P P
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or
less
– – – – UP UP UP
Farmers Market(6) – UP – – – – –
Garden Stand – – P P P P P 17.42.130,

17.42.230
Produce stand(6) – UP UP UP – – – 17.42.130
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services – – – – – – –
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more
clients
– – UP UP UP UP UP
Child day care – Small family day
care home
– UP P P P P P
Child day care – Large family day
care home
– – P P P – – 17.42.060
Child day care – Day care center – UP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn
(B&B)
– – UP UP – – – 17.42.050
Personal services – 1,000 sq. ft. or
less
– – – – – UP UP
Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 84 of 175
P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Solar collector S S S S S S S 17.30.084
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P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Telecommunications facility(7) – S – – – – – 17.44;

Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion. (7) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.

17.30.020 Build-to-lines and setbacks.

1. Build-to-Lines. A build-to-line specifies the required location of new structures with respect to the street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets, to enhance the comfort and convenience of the pedestrian experience.

B. Build-to-Line Requirements. Each proposed structure shall comply with any build-to-line requirement established by the applicable zoning district by having at least eighty percent of the length of its streetfacing facade abutting the build-to-line. The review authority may waive build-to-line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to-line requirements, and secondary buildings are placed on the site to the rear of the front buildings.

2. Exemptions from Setback Requirements. The minimum setback requirements of this land use code do not apply to the following:
a. A building feature that projects into a required setback allowed by subsection F of this section; b. A fence or wall sevensix feet or less in height, when located outside of a front or street side setback;
c. A deck, earthwork, step, patio, freestanding solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of eighteen inches above the surrounding grade at any point;
d. A sign in compliance with Chapter 17.38 (Signs) of this title; e. A retaining wall less than thirty inches in height above finished grade;. f. Mechanical equipment associated with the primary use of the main structure in compliance with Sections 17.30.042 and 17.30.050 of this Chapter.

D. Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-1. 87 of 175
Figure 3-1. Location and Measurement of Setbacks

1. Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.
a. Developed Residential Block. In a block with a street frontage of three hundred feet or more and six hundred feet or less in the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:
i. The minimum front setback required for the applicable zoning district; or ii. The average of the actual front setbacks of the existing structures along the same block face.
b. Averaging. In the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels on a single block face have been improved with structures at the time of adoption of this land use code, and the front setbacks of the parcels vary in depth up to six feet, the required front setback depth for the applicable zoning district shall not apply, but rather, the required front setback on the block shall be the average depth of the front setbacks of the parcels with existing structures. c. Mapped Street with Future Improvements. If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan. d. Infill Development on a Parcel Within a Previously Approved Project. Where the city has established specific setback requirements for individual single-family residential parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this land use code, those setbacks shall apply to infill development within the approved 88 of 175
project instead of the setbacks required by this land use code. e. Flag Lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2.

Figure 3-2. Flag Lot Front Setback
f. Corner Lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the director.
g. Double-Frontage Lots. A double-frontage lot is considered to have two front lot lines, and a required front setback shall be provided from both front lot lines. i. Vehicular access onto a double-frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. ii. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.

See Section 17.78.030(F)(5)(b) of this title regarding the limited circumstances where new double-frontage lots are allowed.

3. Street Side Setback. The side setback on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:
a. The nearest point on the side property line bounding the street; 89 of 175
b. The edge of an easement for a private road;
c. The inside edge of the sidewalk; or
d. The boundary of a planned future right-of-way established as described in subsection (D)(1)(c) of this section.

4. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. See Figure 3-1.
a. In the case of a double-frontage lot, the director shall determine which frontage is the front and which is the rear, for the purpose of measuring front and rear setbacks. b. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line ten feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback. See Figure 3-3.

Figure 3-3. Rear Setback on Irregular Lot
E. Limitations on the Use of Setbacks.

2. Storage of Materials. No front or street side setback shall be used for the storage of building 90 of 175
materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.

4. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter.

F. Allowed Projections into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3-1. See also Figure 3-4. These requirements do not apply to accessory structures which are instead subject to Sections 17.42.020 (Agricultural accessory structures) and 17.42.160 (Residential accessory uses and structures) of this title.

Table 3-1
Allowed Projections Into Setbacks
Allowed Projection into Specified Setback
Projecting Feature
Front Setback Side Setback Rear Setback
Attached deck, landing, porch, stairway
– Uncovered, unenclosed, and less than
30 in. above grade
25% of setback to a
maximum of 5 ft.

Chimney/fireplace, 6 ft. or less in
breadth
24 in. 24 in.(1) 24 in.(1)
Cornice, eave, awning, roof overhang 24 in. 30 in.(1) 5 ft.(1) Notes:
(1) Feature may project no closer than thirty-six inches to any side or rear property line. 91 of 175
Figure 3-4. Examples of Allowed Projections into Side Setback G. Setback Requirements for Specific Structures.

1. Accessory Structures. See Sections 17.42.020 (Agricultural accessory structures and uses) and

17.42.160 (Residential accessory uses and structures) of this title.

2. Fences. See Section 17.30.030 (Fences, walls, and screening) of this chapter.

4. Swimming Pool, Hot Tub, Etc. A swimming pool, hot tub, or spa on a parcel of ten thousand square feet or less shall be set back a minimum of tenfive feet from side and rear property lines, and shall not be located within a front setback. A swimming pool, hot tub, or spa on a parcel larger than ten thousand square feet shall comply with the setback requirements of the applicable zoning district.

All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements established in this sectionof the applicable zoning district.

5. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).

17.30.030 Fences, walls, and screening. (excerpt)
A. Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.

2. Exemptions. These regulations do not apply to fences or walls required by regulations of a state or 92 of 175
federal agency, or by the city for reasons of public safety.

B. Height Limits. Each fence, wall, and hedge shall comply with the height limits shown in Table 3-2. A fence or wall with a height greater than six feet shall require design review in compliance with Section

17.62.040 of this title, except for open and wire fencing in the OSC, RR, and RVL zoning districts.

Table 3-2
Maximum Height of Fences, Walls, and Hedges
Location of Fence, Wall, or Hedge Maximum Height
Within front or street side setback Solid wall, hedge, or fencing: 42 in.

Open fencing: 42 in. in all zoning districts,
except:
a. Up to 6 ft. is allowed in RR; and
b. From 42 to 66 72 in. is allowed in RVL with
Administrative Design Review approval a
minor use permit.

See also Section 17.30.040(E) (Height limit at
street corners)
Within interior side or rear setback – Residential
zone
76 ft.(12)
Within interior side or rear setback – Nonresidential
zone
76 ft.(1)
Within a zone where no setback is required
20 ft. or more to the rear of a front or street side
property line
76 ft.(1)
Within 20 ft. of a front or street side property line 42 in. for solid wall, hedge, or fencing 6 ft. for open fencing
At intersections of alleys, streets, and driveways
within sight visibility areas. See 17.30.040(E)
(Height limit at street corners).
3 ft.

Outside of a required setback 8 ft.(1)
Notes:
(1) Fences of up to eight feet in height are allowed by-right, provided that portions of the fence exceeding seven feet are of an open design (e.g., lattice, wrought iron or grille work). Any fence exceeding seven feet in height requires a Building Permit. An additional two feet of height may be authorized through minor use permit approval.
(2) A fence exceeding eight feet in height may be allowed with approval of a minor use permit and administrative design review. A fence or wall up to eight feet in height may be allowed with a minor use permit when the portions above six feet are of an open design (e.g., lattice, wrought iron or grille work).

A building permit may also be required.
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17.30.042 Mechanical and utility equipment placement.

Ground-mounted mechanical equipment located outside, and associated with the use of the primary structure are exempt from setback requirements. of a structure shall comply with the setback requirements of the applicable zoning district. Examples of this equipment include: swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar equipment that is allowed to be installed aboveground. Ground-mounted mechanical equipment located outside, and associated with the use of an accessory structure are subject to applicable accessory structure setback requirements. See also Sections 17.30.050, Noise Standards and

17.30.100, Underground utilities. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.080 Home occupations.

A. Business License Required. A home occupation shall require a city business license.

B. Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1. Uses Allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:
a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; c. Personal trainers and licensed massage therapy and physical therapy; and d. Tailors, sewing; and
e. Cottage Food Operations operating in compliance with the California Health and Safety Code and possessing a current permit from County of Sonoma Environmental Health.

2. Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Auto and other vehicle sales, repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks; d. Commercial cabinet or furniture making, and similar uses; e. Contractor’s and other storage yards;
f. Dismantling, junk, or scrap yards;
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g. Fitness/health facilities, except those allowed under subsection (B)(1) of this section; h. Medical clinics and laboratories;
i. On-site sales, except that mail order businesses may be allowed where there is no stock-intrade on the site; j. Personal services as defined in Article 9 (Glossary), except those allowed under subsection (B)(1) of this section;
k. Transportation services, including ambulance, taxi, limousine, tow truck, etc.; l. Uses which require explosives or highly combustible or toxic materials; m. Welding and machine shop operations;
n. Wood cutting businesses; or
o. Other use the director determines to be similar to those listed above.

C. Operating Standards. Home occupations shall comply with all of the following operating standards:

1. Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of Home Occupation Activities. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than twenty-five percent of the gross floor area of the ground level floor or a permitted enclosed accessory structure. and only if two covered parking spaces are continually maintained. Horticulture Urban agriculture activities in compliance with Section 17.42.240 of this Chapter may be conducted outdoors, but only not within the front setback. rear one-third of the site a. RR Zoning District. Allowed home occupation activities may be conducted within an approved accessory structure in the RR zoning district, provided that at least two covered parking spaces are continually maintained.
b. Other Zones. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than twenty-five percent of the gross floor area of the ground level floor. Garages or other enclosed accessory structures shall not be used for home occupation purposes, except for the storage of incidental office supplies, and only if two covered parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only within the rear one-third of the site.

4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

Commented [EA1]: Does this conflict with urban
form?
95 of 175

7. Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

17.42.160 Residential accessory uses and structures.

This section provides standards for residential accessory uses and structures, where allowed by Chapter

17.22 (Allowable Land Uses). These requirements do not apply to residential accessory dwelling units and junior accessory dwelling units, which are instead regulated by Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

A. ApplicabilityLimitation on Number. This section provides standards for residential accessory uses and structures. Where allowed by Chapter 17.22 (Allowable Land Uses) accessory structures shall be allowed on any parcel, as long as lot coverage standards and setback requirements are met. These requirements do not apply to residential accessory dwelling units and junior accessory dwelling units, which are instead regulated by Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units). Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RVL zoning districts. Properties with multifamily dwellings may have multiple residential accessory structures, as long as lot coverage standards are met.

B. Relationship to Primary Use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C. Timing of Installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:

1. The site is within the RR zoning district, is one acre or larger, and the proposed accessory structure is a garage; or

2. Construction in advance of a primary structure is authorized through minor use permit 96 of 175
approval.

D. Attached Structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and build-to-lines; and shall also comply with any applicable requirements of subsection F of this section.

Figure 4-3. Accessory Structure Setback, Reverse Corner Lot

2. Height Limit. The height of an accessory structure other than a detached garage shall not exceed 97 of 175
twelve feet, except where a greater height is authorized through minor use permit approval.

1. Antennas. Antennas shall comply with the requirements of Chapter 17.44 (Telecommunications Facilities) of this title.

2. Garages and Carports. A garage, carport, or other structure that shelters vehicles accessory to a single-family dwelling or multifamily plex development shall comply with the following requirements. Covered parking for a multifamily development of ten or more units shall comply with the zoning district standards in Section 17.24.030 of this title. Covered parking for multifamily developments shall also comply with the requirements of Section 17.39.030 or

17.39.040 of this chapter, as applicable:
a. Limitation on Number. Except in the RR and RVL zoning districts, a single parcel shall have only one attached or detached garage or carport per dwelling unit. b. Setback Requirements.
i. Front Setback. A garage or carport shall comply with the garage front setback requirements of the applicable zoning district.
ii. Side Setbacks. A garage or carport shall be set back a minimum of five feet from side property lines, except that the review authority may authorize a zero side setback for a garage abutting a property line where the adjacent property owner has granted a maintenance easement, provided that the garage is located at least eight feet from the opposite side property line, and the maintenance easement is first reviewed and approved by the city.
iii. Rear Setback. An attached garage or carport shall comply with the rear setback requirements of the applicable zoning district. A detached garage or carport shall be set back a minimum of five feet from the rear property line where vehicles access the garage or carport from the front of the lot, and shall be located a minimum of twentyfive feet from the opposite side of the alley where accessed from an alley. c. Facade Width. The facade of any garage, or carport opening facing a street shall not exceed a width of twenty-five feet.
d. Design. Each garage, carport or other structure used to shelter vehicle parking space shall be of the same architectural style and use the same exterior materials as the primary dwelling.

No temporary or portable structure for sheltering a parked vehicle shall be allowed.

4. Guesthouses. Guesthouses shall comply with the requirements for attached or detached residential accessory structures in subsections D and E of this section.

6. Swimming Pools. Noncommercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:
a. Setbacks. No swimming pool shall be located within a required front or side setback, or within fiveten feet of a property line; and
b. Fence or Wall. No swimming pool shall be located within three feet of a fence or wall.

Any use of an accessory workshop for any commercial activity shall comply with Section

17.42.080 (Home occupations) of this chapter; and
b. Floor Area. A workshop shall not occupy an area larger than twenty-five percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see subsection (F)(2) of this section. (Ord. 915 § 13, 2022; Ord. 893 § 9, 2020; Ord. 766 § 2 Exh. A (part), 2004).
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Chapter 17.62 Section 17.62.030 Limited term permit

17.62.030(H) (excerpt)
H. Project Review, Notice and MeetingHearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.

1. Public Notice and Meeting. Prior to a decision on a limited term permit, the director shall hold a public meeting. The city shall provide notice of the public meeting hearing in compliance with the following: Chapter 17.88 (Public Hearings) of this title. a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, that is the subject of the meeting. The notice shall state that the director will decide whether to approve or deny the limited term permit application at a public meeting, on the date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. b. Method of Notice Distribution. Notice shall be mailed or delivered at least ten days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the meeting.

2. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.88 (Public Hearings) of this title, and the commission shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.88 of this title.

Chapter 17.62 Section 17.62.060 Variance and minor variance

17.62.060(E)(2) (excerpt)

2. Minor Variance. The director may approve or deny a minor variance without a public hearing, or may choose to refer any minor variance application to the commission for a hearing and decision in the same manner as provided for a variance by subsection (E)(1) of this section. Prior to a decision on a minor variance, the director shall hold a public meeting. The city shall provide notice of the public meeting in compliance with the following:
a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and 100 of 175
ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, that is the subject of the meeting.
b. Method of Notice Distribution. Notice shall be mailed or delivered at least ten days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the hear. a. Public Notice. The notice shall state that the director will decide whether to approve or deny the minor variance application on the date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.88 (Public Hearings) of this title, and the commission shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.88 of this title. 101 of 175

CITY OF COTATI

CITY COUNCIL

CODE CLEAN-UP ORDINANCE
FILE NO. PA24-24

NOAH HOUSH
MAY 27, 2025
102 of 175

PROJECT

DESCRIPTION
Consideration, first reading and adoption
of an Ordinance amending multiple
sections of the Cotati Municipal Code
(CMC) to correct errors; clarify permit
processes; and allow greater flexibility,
Citywide
2 103 of 175

SPECIFIC MUNICIPAL

CODE CHAPTERS AND

SECTIONS
o 17.22.020 Table 2-2-Residential Uses
o 17.30.020; 17.30.030 and Table 3-2
o 17.42.080 and 17.42.160
o 17.44
o 17.62.030 and 17.62.060
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CMC 17.30.020, .030 AND .042
Proposed Changes
-Reduce HVAC Equipment setbacks
-Make pool setbacks consistent with other accessory structures -Improve consistency within residential fencing rules and allow mechanism for increased front yard fence height
Reasons for Changes
-HVAC equipment challenges and improvements
-No need for increased pool setbacks
-7-foot fencing by-right in building code but not zoning code, 8-feet with lattice standard fence design and expectation
-Occasional need for front yard fencing above 42’’
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CMC 17.42.080 & 17.42.160
Proposed Changes
-Add new home business information to the code
-Make parking requirements consistent-No covered
-Increase flexibility for residential accessory structures Reason for Changes
-State Law- Cottage Food and MEHKOs
-Remove references to covered parking-consistency
-Remove current CMC limits on number of accessory
structures to one/lot 5
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17.44 TELECOMMUNICATION

FACILITIES
Propose Change- Add 2 new requirements to the required
application materials for new telecom facilities-Coverage Maps and Electromagnetic Facility (EMF) Exposure Report.

Reason for Change- Information has been identified as critical to the review of newly proposed telecommunication facilities by Council, community and staff.
6 107 of 175
CMC 17.62.030 LTP
Proposed Changes
Mandate that all LTPs will be decided at a public
meeting
Reasons for Changes
-Current Language only requires meeting “if
requested”
-Adds time, cost and uncertainty into process
-Changes will increase certainty and public
involvement 108 of 175
CMC 17.62.060 MINOR VARIANCE
Proposed Changes
–Mandate that minor variances are decided at a public meeting; and
- Expand the flexibility allowed from 10% to 25% of a standard Reasons for Changes
-Current Language only requires decision meeting “if
requested”, creates uncertainty in process time and cost -Current 10% allowance is often non-functional when applied -Add flexibility for unique situations
109 of 175

GENERAL PLAN CONSISTENCY
Policy LU 2.12: Continue to permit home occupations in residential areas, provided they do not alter the residential character of the neighborhood. Goal LU 4: Provide a streamlined and straightforward permitting process that promotes transparency, predictability, cost savings, and customer service.
Policy EV 1.11: Encourage commercial uses that provide everyday goods and services for residents.
Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of the existing commercial businesses.
Policy EV 1.18: Ensure clarity and transparency in local regulations, permitting processes, and fee structures. 110 of 175

RECOMMENDATION
It is recommended by the Community Development Department and the Planning Commission that the City Council review, introduce and conduct the first reading of an ordinance amending several chapters and sections of Title 17 of the Cotati Municipal Code to correct errors, streamline permitting processes, and allow flexibility for residential accessory equipment, fences and structures, citywide.
10 111 of 175
QUESTIONS?
Noah Housh
Community Development
[email protected]
112 of 175
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: CONSIDERATION TO ADOPT RESOLUTION APPROVING

UPDATED WATER AND SEWER RATES AND SUPERSEDING

EXISTING RATES
Date: May 27, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati conduct a public hearing on proposed water and sewer rates, and, if no majority protest occurs, then adopt a Resolution approving the proposed rates and superseding the existing rates.

Background
The City operates water and sewer utilities and provides these services for City residents, businesses and public facilities. The City periodically updates its water and sewer rate study to ensure the rates are sufficient to meet operating and maintenance costs. The rate study describes the analysis performed, presents the financial plans for the utilities, provides the basis and rationale for rate calculations, and summarizes findings and recommendations regarding the water and sewer rates. It is industry practice to update rate studies every 2-3 years to account for changing expenses. The current 5-year rate program is based on a rate study completed in May 2022. The third of five programed rate adjustments occurred last year. Given the changes in operational costs and revenues from the original assumptions, it is now time to update the rate study and establish a new 5-year rate program.

Analysis/Discussion
On May 22, 2024, the City executed an agreement with Hildebrand Consulting to prepare tenyear water and sewer system financial plans and five-year water and sewer rate programs. The Draft Water and Sewer Rate Study (Study) was completed and, on February 25, 2025, City Council accepted the Draft Water and Sewer Rate Study, and set the Public Hearing date of May 27, 2025, to receive public comment and consider adopting the Study. 113 of 175
The Study presents each utility’s financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements while maintaining prudent reserves. The Study has been completed concurrently and in coordination with the City’s Fiscal Years 2025/26 and 2026/27 budget for the “Enterprise” (aka Utility) funds. The Study goes further and presents projected expenses, including capital projects, for a ten-year period. The Capital project list in the Study draws from the respective utility master plans with the timing of the planned improvements revised to reflect reduced demands and slower growth than what was projected in the master plans and to moderate their impact on rates where allowable.

From FY2022/23 to FY2023/24, the City has spent on average about $740 thousand per year for capital projects to rehabilitate or improve the sewer system. The forecasted average from FY2024/25 through FY2034/35 is $606 thousand per year. There is an initial period from FY2025 through FY2029 where spending is limited to ensure the sewer fund balance does not drop below the minimum reserve target. The sewer capital project need is being driven by the results of recent studies evaluating the condition of the City’s sewer pipelines and projects to reduce infiltration and inflow of groundwater and stormwater, to install backup generators at three of the City’s four Lift Stations, and renewal and replacement needs. If methodically addressed, the City can spread these projects over the next 10 years.

Historically, the City has spent an average of $97 thousand per year from FY2022/23 to FY2023/24 on capital projects. The projected annual capital cost is to increase to $1.3 million per year to support needed and long delayed projects. The water capital fund includes the Cypress water tank and connecting pipelines, pipeline upsizing in the industrial park area for fire flow purposes, and renewal and replacement needs at the three well sites. Due to the high capital cost for the water tank, the rates account for debt financing much of the capital cost.

Operations and maintenance costs are increasing in response to double digit annual increases of the cost of wholesale water purchased from Sonoma Water, and significant utility, materials and supplies, and insurance cost increases. The chart on page 15 of the report shows the projected water fund balance steadily being drawn down over ten years to the target reserve level.

Utility Rate Revision Process
Following the Study’s acceptance by the City Council, staff conducted the required Proposition 218 public noticing process. Proposition 218 requires the City to hold a public hearing on the proposed rate structures to allow for public comment on the proposed rate increases and to provide written notice to each property owner at least 45 days in advance of the hearing. The required Proposition 218 notice mailed to property owners is attached hereto.

Once the public hearing has been conducted, the City Council will consider a rate resolution to adopt the proposed rate structures. It may adopt rate adjustments that are equal to or less than the rates presented in the accepted Study, provided that there is no majority protest.

Financial Considerations
The recommended water rate increase for the summer of this year is consistent with the draft 114 of 175
FYs 2025/26 and 2026/27 City Budget for the Enterprise Funds. If a lower percentage was adopted, capital projects may be canceled to provide budgetary savings with lower revenue projections. Although water system revenues are marginally sufficient to cover operating and maintenance expenses and debt service obligations, the revenues are insufficient to maintain a prudent Operating Reserve while simultaneously providing adequate funding for the capital program.

The current sewer system revenues are not sufficient to cover operating and maintenance expenses and the operating reserve is used to make up the short-fall in the short term, but this is not sustainable. The annual rate adjustments reverse this situation and the enterprise’s revenues are projected to be sufficient to meet expenses after a few years of adjustments. The increasing operating and maintenance costs are primarily driven by the projected increased wastewater treatment costs of the subregional system. Additionally, sufficient capital is needed to address repairing and replacing aging sewer pipelines, which in turn will moderate future increases from the subregional system.

Environmental Issues
Adoption of the proposed water and sewer rates involves the establishment, modification, restructuring or approval of rates and charges, as identified and analyzed in the Study, including rates and charges to obtain funds for meeting operating expenses, purchasing or leasing supplies, equipment or materials, meeting financial reserve needs and requirements and/or obtaining funds for capital projects necessary to maintain service within existing service areas. Therefore, adoption of the resolution setting rates and charges is not a project under the California Environmental Quality Act pursuant to California Public Resources Code Section 21080(b)(8)(D) and 14 Cal. Code of Regs. Section 15273. 115 of 175
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING

UPDATED WATER AND SEWER RATES AND RESCINDING THE EXISTING RATES WHEREAS, the City of Cotati (“City”), provides water and sewer services within the City and also to certain customers outside the boundaries of the City; and WHEREAS, the City water and sewer systems are operated as separate not-for-profit selfsupporting utility enterprises; and WHEREAS, revenue from water service rates fund the ongoing operating and capital needs of the City water system, including providing for facility replacement, repair, operations and expansion, water purchase, service improvements to satisfy state and federal compliance requirements, meeting debt service obligations, supporting the capital projects needed to rehabilitate and upgrade the water system, and maintaining prudent financial reserves; and WHEREAS, revenue from sewer service rates fund the ongoing operating and capital needs of the City sewer collection system, treating and disposal of wastewater via the Santa Rosa Subregional System, meeting debt service obligations, supporting capital projects needed to rehabilitate and upgrade the sewer system, and maintaining prudent financial reserves; and WHEREAS, the City has not conducted a water and sewer rate study to adjust rates since May 2022, at which time the City established a series of rate adjustments to cover the cost of providing water and sewer service in Cotati; and
WHEREAS, it is industry practice to conduct a water and sewer rate study every few years to ensure the rates are sufficient to meet each utility’s financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements while maintaining prudent reserves; and
WHEREAS, on May 22, 2024, the City executed a Professional Services Agreement with Hildebrand Consulting to revise the City’s rate models to incorporate current and projected expenses in operating and maintaining the utilities; and WHEREAS, Hildebrand Consulting has revised the rate models and has completed a Water and Sewer Rate Study Draft Report (“Study”) based on the revised models; and WHEREAS, the Study recommends overall water and sewer rate adjustments as indicated in the attached report for June 15, 2025, and for each of the following four subsequent years on June 15: 2026, 2027, 2028, and 2029; and
WHEREAS, the Study recommends and provides justification for maintaining a three-tier water usage rate structure for single family residential customers and a uniform water usage rate 116 of 175 for multi-family, non-residential, and irrigation accounts; and WHEREAS, the Study recommends and provides justification for retaining the same basic sewer rate structure including 1) fixed monthly service charge based on the size of the water meter, and 2) a uniform sewer usage rate for all customer accounts; and WHEREAS, in accordance with Government Code Section 50076, fees that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes; and WHEREAS, the Study demonstrates the recommended rates do not exceed the reasonable cost of providing water or sewer service and, as such, the proposed rates are not levied for general revenue purposes; and
WHEREAS, on February 25, 2025, the City Council accepted the Water and Sewer Rate Study with no changes and directed staff to proceed with the Proposition 218 public noticing process for the proposed water and sewer rate adjustments and set the date for the public hearing and adoption of rates to May 27, 2025; and
WHEREAS, at least 45 days in advance of the public hearing at which this Resolution was considered, notices including the proposed sewer and water service charges, the basis upon which the charges were calculated, the reason for the charges, together with the date, time and location of the public hearing on the proposed charges and written protest procedures against the proposed rate increases, were mailed to all property owners and customers in compliance with California Constitution Article XIII D, Section 6; and
WHEREAS, a public hearing was duly held, and at its conclusion the City staff tabulated the number of written protests received, and reported there was not a majority protest of the proposed rates by owners or authorized representatives of identified parcels receiving such services; and
WHEREAS, after due consideration, the Cotati City Council finds based on the Study and in accordance with Article XIIID, Section 6 of the California Constitution that:
a. The proposed rates as presented herein are necessary to achieve full recovery of the costs of providing water and sewer services to residents and businesses in Cotati; b. The proposed rates as presented herein will not generate revenue in excess of the cost of providing water and sewer services;
c. The proposed rates as presented herein will not be used for purposes other than providing water and sewer services;
d. The rates or charges imposed on any parcel or person as an incident of property ownership do not exceed the proportional cost of the service attributable to the parcel; 117 of 175
e. Proper notice of the proposed rate increases was given to record owners of properties that would be impacted by the proposed increases, as prescribed by law; and f. A majority of record owners of properties that would be impacted by the proposed increases did not protest the proposed rate increases; and
WHEREAS, adoption of revised rates and charges pursuant to this Resolution involves the establishment, modification, restructuring or approval of rates and charges, as identified and analyzed in the Study, including rates and charges to obtain funds for meeting operating expenses, purchasing or leasing supplies, equipment or materials, meeting financial reserve needs and requirements and/or obtaining funds for capital projects necessary to maintain service within existing service areas. Therefore, adoption of this Resolution setting sewer and water rates and charges is not a project under the California Environmental Quality Act pursuant to California Public Resources Code Section 21080(b)(8)(D) and 14 Cal. Code of Regs. Section 15273.

NOW THEREFORE BE IT RESOLVED THAT by the City of Cotati City Council:

1. The above recitals are hereby declared to be true and correct and to be findings of the City Council of the City of Cotati and are made a part of this Resolution.

2. Purpose. The purposes of the water and sewer service rates imposed pursuant to this Resolution are to: raise revenue for the cost of operation and maintenance of the City of Cotati’s water and sewer utilities. For the water utility, the revenue is used for collecting, pumping, treating, storing, and distributing water obtained from City wells and the Sonoma County Water Agency Aqueduct, and the cost of principal and interest on bonds and capital recovery costs of the water utility. For the sewer utility, the revenue is used for collecting and pumping sewage, paying for wastewater treatment and disposal services provided by the Santa Rosa Sub-regional System, and the cost of principal and interest on bonds and capital recovery costs of the water utility. The revenues are also used to establish a method of sharing the cost of the operation and maintenance of the City’s water and sewer utilities among the users of water and sewer services. The revenues and expenses are accounted for separately for the water and sewer utilities.

3. Study. This Resolution and the water and sewer charges established in this resolution are based on the Water and Sewer Rate Study, Final Report dated February 26, 2025 (“Study”) prepared by Hildebrand Consulting. The Study is attached to and made a part of this resolution as Exhibit A.

4. Water Service Charges. The City’s water service charges shall be as follows:
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5. Sewer Service Charges. The City’s sewer service charges shall be as follows:

6. Effective Date. This Resolution shall become effective immediately. The rate increases listed in Sections 4 and 5 for 2025-2029 shall become effective on June 15th of the years indicated on the tables.

7. Severability. Each component of the rates and all portions of this Resolution are severable.

Should any individual component of the rates or any portion of this Resolution be adjudged Proposed Water Rates 2 Current June 2025 June 2026 June 2027 June 2028 June 2029 Monthly Service Charge
3/4" meter $28.37 $31.49 $34.95 $38.79 $41.89 $45.24
1" meter $46.37 $51.47 $57.13 $63.41 $68.48 $73.96
1 1/2" meter $90.98 $100.99 $112.10 $124.43 $134.38 $145.13 2" meter $144.72 $160.64 $178.31 $197.92 $213.75 $230.85 3" meter $270.19 $299.91 $332.90 $369.52 $399.08 $431.01 4" meter $449.41 $498.85 $553.72 $614.63 $663.80 $716.90 Water Usage Rates ($/TGAL)
Single Family
Tier 1 (0 to 5 TGAL)1 $4.83 $5.36 $5.95 $6.60 $7.13 $7.70 Tier 2 (5 to 10 TGAL) $6.20 $6.88 $7.64 $8.48 $9.16 $9.89 Tier 3 (over 10 TGAL) $7.73 $8.58 $9.52 $10.57 $11.42 $12.33 Multi-Family, Non-Resid., & Irrigation
All Water Usage $5.37 $5.96 $6.62 $7.35 $7.94 $8.58
1 "TGAL" means thousand gallons
2 New rates implemented on the June 15th of the indicated year Proposed Sewer Rates 2
Current June 2025 June 2026 June 2027 June 2028 June 2029 Monthly Service Charge
3/4" meter $53.25 $58.58 $64.44 $70.88 $77.97 $81.87
1" meter $87.71 $96.48 $106.13 $116.74 $128.41 $134.83
1 1/2" meter $173.12 $190.43 $209.47 $230.42 $253.46 $266.13 2" meter $276.01 $303.61 $333.97 $367.37 $404.11 $424.32 3" meter $516.28 $567.91 $624.70 $687.17 $755.89 $793.68 4" meter $859.42 $945.36 $1,039.90 $1,143.89 $1,258.28 $1,321.19 Sewer Usage Rates ($/TGAL) 1
All Customers $12.43 $13.67 $15.04 $16.54 $18.19 $19.10 2 New rates implemented on the June 15th of the indicated year 1 Residential customers without separate irrigation meters will be charged based on the lesser of the estimated water use (based on average monthly winter water usage from the previous year) and the actual water usage for that billing period. All other customers will have sewer service charges based on the metered water consumption from all sources except those sources that are not discharged to the city sewer as determined by the City Engineer.
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to be invalid and unenforceable by a body of competent jurisdiction, then the remaining rate components and/or Resolution portions shall be and continue in full force and effect, except as to those rate components and/or Resolution portions that have been adjudged invalid. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase, and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.

8. Supersession/Repeal/Savings. Any and all other resolutions and ordinances and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of this Resolution. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.

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 May 27, 2025, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

ABSENT:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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City of Cotati
201 W. Sierra Ave.

Cotati, CA 94931

NOTICE OF PUBLIC HEARING

ON PROPOSED NEW/INCREASED WATER AND SEWER RATES
WHERE: Cotati City Hall - Council Chamber
201 W. Sierra Avenue
Cotati, California
WHEN: Tuesday, May 27, 2025, not before 6:00 p.m. and as soon thereafter as the matter is reached on the agenda.

PURPOSE: To receive public comment on a proposal for the City Council to consider adopting new/increased water and sewer rates in the City Council Chamber at City Hall, 201 W. Sierra Avenue, Cotati. At the public hearing, the City Council will accept oral and written testimony, as well as written protests, regarding the proposed water and sewer rates.

Why am I Receiving this Notice?
You are receiving this notice because our records indicate that you are listed as an account holder and/or as the owner of a parcel receiving water and/or sewer service from the City of Cotati (City). The purpose of this notice is to give you information about proposed new/increased water and sewer rates and how you can participate in the rate-setting process.

Rate History
The City of Cotati works each day with limited resources to ensure that residents and businesses receive clean, safe, and reliable water and sewer services, and that the City’s water and sewer systems are maintained to all required standards in order to protect our community’s health and safety, as well as the environment.

Past water and sewer rate adjustments have been sufficient to increase the City’s re-investment in critical water infrastructure. Recent increases in operating costs have surpassed previous forecasts, including increased cost of purchasing water from the Sonoma County Water Agency (SCWA), increases in the costs for treating wastewater at the Santa Rosa Subregional System, increases in PG&E rates, increases in contract/chemical costs, increases in insurance costs, and an increase in cost for capital infrastructure reinvestment (rehabilitation). 121 of 175

ANENHKENFLDIBLAKGK AJCJHKMBDOGOMBHCLK ANIOMDLOFLPEDDLMIK AHEGMLDMIFCDOHAICK DDLDDLDLDDDLDDDDLL A water and sewer rate study, recently completed by the City, includes recommendations for adjusting the water and sewer rate schedules that are designed to provide necessary revenues to meet each utility’s needs to cover operating and maintenance costs, meet debt service obligations, and support the capital projects necessary to rehabilitate and upgrade the water and sewer systems, and maintaining prudent financial reserves.

Proposed Water Rates
The proposed water rates retain the same rate structure as the current water rates, including: (1) fixed monthly service charge based on the size of the water meter, (2) a three-tier water usage rate structure for single family customers, and (3) a uniform water usage rate for multi-family, non-residential, and irrigation accounts. The monthly service charges recovers fixed customer and capacity-related costs of service, and the water usage rates recover costs appropriately recovered on the basis of water usage. The three-tier water usage rate structure for single family homes reflect costs differences in the City’s water supplies (i.e., local groundwater and SCWA water), as well as an allocation of water conservation costs to the higher tiers of usage. The water usage rate for multi-family, non-residential, and irrigation accounts recovers usage-based costs uniformly over all water usage.

Proposed water rate schedules are presented in the table below. 122 of 175
Proposed Sewer Rates
The proposed sewer rates retain the same rate structure as the current sewer rates, including: (1) fixed monthly service charge based on the size of the water meter, and (2) a uniform sewer usage rate for all customer accounts.

The monthly sewer service charges recover fixed customer and capacity-related costs of service, and the sewer usage rates recovers costs appropriately recovered on the basis of sewer flow. Proposed sewer rate schedules are presented in the table below.
1 Residential customers without separate irrigation meters will be charged based on the lesser of the estimated water use (based on average monthly winter water usage from the previous year) and the actual water usage for that billing period. All other customers will have sewer service charges based on the metered water consumption from all sources except those sources that are not discharged to the city sewer as determined by the City Engineer.
2 New rates implemented on the June 15th of the indicated year Additional Information
Additional information on the proposed water and sewer rates, and the underlying financial and cost of service analyses, are available in the 2025 Water and Sewer Rate Study, City of Cotati - Final Report, prepared by Hildebrand Consulting, LLC., dated February 26, 2025. The report is available online at cotaticity.gov.

How Much Will My Water and Sewer Bill Be?
While the water and sewer rates are increasing based on a simple percentage, actual changes to bills may be affected by changes in water usage. Bill changes for a typical customer over the five years of proposed rate adjustments are illustrated in the table below.
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ANENHKENFLDIBLAKGK AJCJHKMBDOGOMADALK ANIOIEENCKOPBGAGMK AEKKELBCDPAJKCKKDK DLLDDLDLDDLLDDDDDL If you would like assistance in determining how the proposed water and sewer rates may affect your utility bill, please contact Administrative Services at (707) 665-3631 Monday through Thursday from 8:00 A.M. to 5:00 P.M How Do I Protest?
Proposition 218 allows the owner of record of a parcel that receives water or sewer service to submit a written protest at or before the Public Hearing. A protest may be withdrawn before the close of the hearing as well, but only by the person who filed it.

If the person signing the protest is not listed as the owner on the last equalized assessment roll for Sonoma County, the protest must be accompanied by written evidence that the signer owns the property. In rental situations, if a tenant is the utility account holder for water or sewer service, the tenant also has the right to submit a written protest for the property. Only one protest per parcel will be counted. If valid protests are filed on behalf of a majority of the parcels that receive water or sewer service, the increased water or sewer rates, respectively, will not be adopted.

All protests must:

1. Be in writing with an original signature from the property owner of record or tenant directly liable for the payment of the fee/account holder.

2. Identify the parcel for which the protest is filed, by street address or Assessor’s Parcel Number (APN).

3. State that the signer opposes the proposed water and/or sewer rates.

4. Be received at City Hall at or before the close of the public hearing that will begin at 6:00 p.m. on May 27, 2025. A protest may be mailed to the City Clerk at 201 W. Sierra Avenue, Cotati, CA 94931 or delivered to the same address during regular business hours.

Email, fax, or telephone, and oral protests of any kind will not be counted. Mailed protests received after the close of the public hearing will not be counted, even if they were postmarked earlier.

If you have a disability that requires an accommodation, please contact the City Clerk’s Office at (707) 665-3622 at least 48 hours prior to the meeting to ensure arrangements for accommodation by the City.

If adopted, the new rates will be effective June 15, 2025. Under Government Code Section 53759(d), there is a 120-day statute of limitation for any challenge to the new, increased, or extended fee or charge.

Questions?
For more information or to ask questions, please call (707) 665-3631 Monday through Thursday from 8:00 A.M. to 5:00 P.M or email us at [email protected]. 124 of 175 2025 Water & Sewer Rate Study
City of Cotati
Final Report
February 26, 2025
125 of 175
Mr. Craig Scott
Public Works Director / City Engineer
City of Cotati
201 West Sierra Ave.

Cotati, CA 94931
Re: 2025 Water and Sewer Rate Study
Dear Mr. Scott,
Hildebrand Consulting is pleased to present this 2025 Water and Sewer Rate Study (Study) for the water and Sewer Enterprises that were performed for the City of Cotati.

We appreciate the fine assistance provided by you and all of the members of the City staff who participated in the Study.

If you or others at the City have any questions, please do not hesitate to contact me at:
[email protected]
(510) 316-0621
We appreciate the opportunity to be of service to the City and look forward to the possibility of doing so again in the near future.

Sincerely,
Mark Hildebrand
Hildebrand Consulting, LLC
Enclosure
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City of Cotati
2025 Water and Sewer Financial Plans Table of Contents
1 TABLE OF CONTENTS
INTRODUCTION AND SUMMARY ..........................................................2 WATER AND SEWER UTILITY BACKGROUND .............................................................................. 2 STUDY BACKGROUND........................................................................................................... 2 STUDY OBJECTIVES.............................................................................................................. 3 STUDY METHODOLOGY ......................................................................................................... 3 SUMMARY OF FINDINGS AND RECOMMENDATIONS ..................................................................... 4 WATER ENTERPRISE FINANCIAL PLAN .................................................5 WATER FUND STRUCTURE AND CASH FLOWS............................................................................ 5 WATER ENTERPRISE BEGINNING FUND BALANCES..................................................................... 7 CUSTOMER GROWTH............................................................................................................ 8 WATER ENTERPRISE RATE REVENUE ....................................................................................... 8 WATER ENTERPRISE NON-RATE REVENUES ............................................................................. 9 FUTURE WATER USAGE ...................................................................................................... 10 WATER ENTERPRISE OPERATING AND DEBT EXPENSES ............................................................ 10 WATER UTILITY COST ESCALATION....................................................................................... 11 WATER CAPITAL IMPROVEMENT PROGRAM ............................................................................. 12 WATER ENTERPRISE DEBT STRATEGY.................................................................................... 13 PROPOSED WATER RATE REVENUE INCREASES ....................................................................... 14 SEWER ENTERPRISE FINANCIAL PLAN ............................................... 17 SEWER FUND STRUCTURE AND CASH FLOWS .......................................................................... 17 SEWER ENTERPRISE BEGINNING FUND BALANCES................................................................... 19 CUSTOMER GROWTH.......................................................................................................... 19 SEWER ENTERPRISE RATE REVENUE ..................................................................................... 19 SEWER ENTERPRISE NON-RATE REVENUES............................................................................ 20 SEWER ENTERPRISE OPERATING AND DEBT EXPENSES............................................................. 21 SEWER UTILITY COST ESCALATION ....................................................................................... 22 SEWER CAPITAL IMPROVEMENT PROGRAM ............................................................................. 23 PROPOSED SEWER RATE REVENUE INCREASES ....................................................................... 24

LIST OF TABLES
Table 1: Water Enterprise FY 2024/25 Beginning Cash Balance................................................... 8 127 of 175
City of Cotati
2025 Water and Sewer Financial Plans Table of Contents
2 Table 2: Sewer Enterprise FY 2024/25 Beginning Cash Balance ................................................ 19

LIST OF FIGURES
Figure 1: Water Enterprise Revenue Categories (FY 2024/25 budget).......................................... 9 Figure 2: Water Enterprise Operating & Debt Expenses (FY 2024/25) ........................................ 11 Figure 3: Water Enterprise Capital Spending .............................................................................. 13 Figure 4: Water Enterprise Cash Flow Projection with Recommended Rate Increases and Debt Issuances ...................................................................................................................................... 15 Figure 5: Sewer Enterprise Revenue Categories (FY 2024/25 budget) ....................................... 21 Figure 6: Sewer Enterprise Operating & Debt Expenses (FY 2024/25)........................................ 22 Figure 7: Sewer Enterprise Capital Spending.............................................................................. 24 Figure 8: Sewer Enterprise Cash Flow Projection with Recommended Rate Increases............ 25

LIST OF SCHEDULES
Schedule W-1 – Water Enterprise Capital Spending Request Schedule W-2 - Water Enterprise Cash Flow Pro Formas
Schedule W-3 – Water Enterprise 5-Year Schedule of Proposed Rates Schedule S-1 – Sewer Enterprise Capital Spending Request Schedule S-2 - Sewer Enterprise Cash Flow Pro Formas
Schedule S-3 – Sewer Enterprise 5-Year Schedule of Proposed Rates 128 of 175
City of Cotati
2025 Water and Sewer Financial Plans Table of Contents
1 List of Acronyms
ADU accessory dwelling unit
AWWA American Water Works Association
CIP capital improvement program
COSA cost of service analysis
DCR debt service coverage ratio
DU dwelling unit
FY fiscal year (which ends on June 30 for the City)
O&M operations and maintenance
PayGo “pay as you go” (i.e., cash financing for capital projects) TGAL thousand gallons
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City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 2 INTRODUCTION AND SUMMARY
Hildebrand Consulting has been retained by the City of Cotati (City) to conduct an update to the financial plans and utility rates for the City’s Water and Sewer Enterprises.

This report describes in detail the assumptions, procedures, and results of the Study, including conclusions and recommendations.

WATER AND SEWER UTILITY BACKGROUND
The City of Cotati is located in the County of Sonoma (County), approximately 8 miles south of the City of Santa Rosa. Cotati is within the nine-county San Francisco Bay Region. The City owns and operates a public drinking water system consisting of pipelines, wells, pumps, and tanks and is regulated by the State Water Resources Control Board Division of Drinking Water. In addition, the City owns and operates a public sewer collection system and sends wastewater to the City of Santa Rosa’s Regional Wastewater Treatment Plant for treatment and reuse (referred to as the “Subregional” system).

STUDY BACKGROUND
In 2022, the City of Cotati retained Hildebrand Consulting, LLC to prepare ten-year Water and Sewer Enterprise financial plans for the City’s water and sewer utilities (2022 Rate Study1). Following that study, the City adopted new water and sewer rate schedules for a 5-year planning period with the last rate increase scheduled for May 15, 2026.
1 City of Cotati, 2022 Water and Sewer Rate Study – Final Report, May 4, 2022 130 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 3 STUDY OBJECTIVES
The purpose of this Study is to develop new 10-year projections of operating and capital expenses in order to create financial plans, including new 5-year rate schedules, which will generate sufficient revenue to meet each Enterprise’s financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements while maintaining prudent reserves.

STUDY METHODOLOGY
This Study applied methodologies that are aligned with industry standard practices for rate setting as laid out in the AWWA M1 Manual, and applicable law, including California Constitution Article XIII D, Section 6(b), commonly known as Proposition 218.

The Study began with a review of both utility enterprises’ current financial dynamics and latest available data for the utilities’ operations. Multi-year financial management plans were then developed to determine the level of annual rate revenue required to cover projected annual operating expenses, debt service (including coverage targets), and capital cost requirements while maintaining adequate reserves. This portion of the Study was conducted using MS Excel©-based financial planning models which were customized to reflect financial dynamics and latest available data for the City’s operations in order to develop a long-term financial management plan, inclusive of projected annual revenue requirements and corresponding annual rate adjustments.

While this Study did not include an update to the cost-of-service analysis (COSA), a comprehensive COSA was completed within the past 10 years as part of a 2017 study2.

We understand that the 2017 COSA was conducted based upon principles outlined by the AWWA, legal requirements (i.e., Proposition 218) and other generally accepted industry practices to develop rates that reflect the cost of providing service. 2 City of Cotati, Water and Sewer Rate Study – Final Report, June 20, 2017, prepared by The Reed Group 131 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 4 SUMMARY OF FINDINGS AND RECOMMENDATIONS
This Study is recommending that a new schedule of water and sewer rates replace the schedules that were proposed by the 2022 Rate Study. The revisions to the rate schedules are necessary due to significant financial changes for both enterprises. The Water Enterprise is planning for higher capital spending than was anticipated by the 2022 Rate Study. The Sewer Enterprise is also planning for higher capital spending and has received lower rate revenue than had been anticipated by the 2022 Rate Study. 132 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 5 WATER ENTERPRISE FINANCIAL PLAN
This section presents the financial plan for the City’s Water Enterprise, including a description of the source data, assumptions, and City’s financial policies. The City has provided recent actual spending data and budgeted financial information associated with operation of the Water Enterprise, including recent actual operating costs for FY 2023/24, budgeted operating costs for FY 2024/25, a multi-year capital improvement program (CIP), and outstanding debt service obligations. City staff also assisted in providing other assumptions and policies, such as reserve targets and escalation rates for operating costs (all of which are described in the following subsections).

The Water Enterprise’s rate revenue requirement is the amount of revenue needed from water rates to cover planned operating, maintenance, debt service, and capital program costs with consideration of other revenues and financial reserves.

The Water Enterprise 10-year Financial Plan was developed through several interactive work sessions with City staff. As a result of this process, the Study has produced a robust Financial Plan that will enable the City to meet its future revenue requirements and achieve financial performance objectives throughout the projection period while striving to limit rate increases.

WATER FUND STRUCTURE AND CASH FLOWS
The financial plan is an annual cash flow model. As a cash flow model, it differs from standard accounting income statements, and balance sheets. The financial plan models sources and uses of funds into, out of, and between the various funds and reserves of the Water Enterprise.

The financial plan model is based on the fund structures currently used by the City and incorporates reserve policies for specified purposes. The reserve structure includes an 133 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 6 Operating Reserve within the Water Operating Funds (Fund 401) and the Water Capital Fund (Fund 402) for the purpose of meeting water system capital improvement needs.

Exhibit 1 includes a schematic diagram of the funds/reserves and major cash flows associated with the Water Enterprise financial plan model.

An understanding of the fund/reserve structure is helpful in understanding the financial plan worksheets that model estimated annual cash flows through the Water Enterprise from one year to the next. The fund/reserve structure is comprised of:

2.1.1 Water Operating Fund (Fund 401)
The Water Operating Fund (Fund 401) is the primary fund within the Enterprise. Most of the Water Enterprise’s revenues, including user rate revenues, flow into the Operating Fund and all operating and maintenance costs, including debt service payments, are paid out of this fund. Funds are also transferred from the Water Operating Fund to the Water Capital Fund to help pay for capital projects of the capital improvement program.

Operating Reserve Target - The 2017 Study recommended that the City establish and maintain a minimum Water Operating reserve target equal to 33 percent of annual operating and maintenance costs, including debt service. The purpose of the Operating Reserve target is to have sufficient funds for unplanned operating and maintenance expenditures. The Operating Reserve target in fiscal year (FY) 2024/25 is $728 thousand.

The balance in the Water Operating Fund at the beginning of FY 2024/25 was about $2,423,000, or about $1,695,000 above the Operating Reserve target.

The balance in the Operating Fund in excess of the target amount for the Operating Reserve is shown in the financial plan as “Available Balance”. After all other obligations are met,the Available Balance is used to offset rate increases. The financial plan models generally seek to reduce any Available Balance over time. 134 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 7 Exhibit 1 – Water Enterprise – Schematic Diagram of Cash Flows

2.1.2 Water Capital Fund (Fund 402)
The Water Capital Fund is used to account for revenues and funds available for capital project expenditures. The capital fund is primarily funded through transfers from the Operating Fund for projects that rehabilitate aging infrastructure. Impact Fees, paid by new development (if and when new development occurs), are available to improve system capacity and help meet the capacity needs of new development. The financial plan models generally seek to maintain a positive balance in the capital funds while also covering the costs of planned capital improvement projects. This is achieved through annual transfers of funds from the operating fund to the capital fund of each utility.

This financial plan aims to maintain a target cash reserve level in the capital fund equal to average annual capital spending (currently about $1.25 million).

WATER ENTERPRISE BEGINNING FUND BALANCES
The ending cash balance for FY 2023/24 was used to establish the FY 2024/25 beginning balance, as outlined in Table 1. It should be noted that the amount of cash that the Water Enterprise keeps in reserves is a product of its reserve policies (see Section 1.1). 135 of 175
City of Cotati
2025 Water and Sewer Financial Plans Introduction and Summary 8 Table 1: Water Enterprise FY 2024/25 Beginning Cash Balance

CUSTOMER GROWTH
Growth in the customer base affects both water demand as well as Impact Fee revenue.

Estimated annual Impact Fee revenues are based on the applicable fees and the amount of new development activity. Impact Fee revenue accrues to the respective capital fund and is used to help fund planned capital improvement projects.

In recent years, developer impact fee3revenues indicate that the City has had essentially no growth. Future growth will depend on many factors, including the economy. Based on recent Impact Fee revenues (minimal) and direction from City staff, this Study assumes that there will be no material growth over the next 10 years.

WATER ENTERPRISE RATE REVENUE
Rate revenue is the revenue generated from customers for water service. The City collects rate revenue from water customers based on a fixed monthly “Service Charge” (assessed based on meter size) and a water “Usage Rate” (applied to each thousand gallons (“TGAL”) of water use). Customers receive a monthly bill.

The Water Enterprise Financial Plan starts with FY 2024/25 budgeted rate revenues.

Budgeted and projected rate revenues (including proposed rate adjustments) are listed in the first table in Schedule W-2. Water demands are assumed to remain constant over the planning period.
3 Development Impact Fees are one-time charges to new development to pay for capacity in the utility systems.

Water Operating Reserve $2,422,600
Water Capital Reserve $1,064,100
Total Water Reserves: $3,486,700
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2025 Water and Sewer Financial Plans Introduction and Summary 9 WATER ENTERPRISE NON-RATE REVENUES
In addition to rate revenue, the City receives additional “non-rate revenue” from sources such as miscellaneous service fees, developer Impact Fees, occasional grants, and interest revenue on investments. Projections of miscellaneous fee revenues were based on FY 2024/25 budgeted revenues. Future interest income was estimated based upon projected fund balances and assumed interest rate of 1.5 percent, which is consistent with the City’s recent historical interest earnings relative to its total reserve levels. Interest accrues to each of the funds. No Impact Fee revenue is assumed for the planning period.

Budgeted water rate and non-rate revenues are depicted in Figure 1 below and listed in detail in the first table in Schedule W-2.

Figure 1: Water Enterprise Revenue Categories (FY 2024/25 budget) Rate Revenue

95.5%
Miscellaneous
Fees

2.0%
Interest Earnings

2.5% 137 of 175
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2025 Water and Sewer Financial Plans Introduction and Summary 10 FUTURE WATER USAGE
Water usage is integral to Water Enterprise finances since more than 50 percent of rate revenue is derived from the variable Usage Rate. While a reduction in water usage may have significant impacts on the Water Enterprise’s rate revenue, this Study does not attempt to predict future water usage trends (given the fact that it is impossible to accurately predict whether a new drought will emerge). Rather, this Water Enterprise financial plan uses FY 2023/24 actual rate revenue as the basis for future rate revenue (and accounts for the 6 percent increase that was applied to those rates for FY 2024/25).

In 2017 the City adopted Water Shortage Surcharges as a means to protect the Water Enterprise from the revenue volatility associated with droughts. While the current study does not propose to renew that policy, the City may wish to consider re-establishing Water Shortage Surcharges during the next rate study.

WATER ENTERPRISE OPERATING AND DEBT EXPENSES
The Water Enterprise’s expenses include operating and maintenance expenses, debt service, and capital spending. Capital spending is addressed separately in Section 2.9.

Future operating and maintenance expenses were projected based upon the budgeted expenditures from FY 2024/25 and adjusted for inflation (see Section 2.8).

Major budgeted expense categories for FY 2024/25 are depicted in Figure 2. The Water Enterprise does not have any existing debt aside for a CalPERS repayment plan.

Budgeted and projected operating and maintenance costs as well as debt service expenses are listed in Schedule W-2.
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2025 Water and Sewer Financial Plans Introduction and Summary 11 Figure 2: Water Enterprise Operating & Debt Expenses (FY 2024/25)

WATER UTILITY COST ESCALATION
Annual cost escalation factors for the various types of expenses were developed based upon a review of historical inflation trends, published inflation forecasts, industry experience, and discussions with City staff. During the projection period, the following escalation assumptions were made:
• Sonoma Water rates - 12.0 percent in FY 2025/26 and FY 2026/27 and 6.0 percent thereafter.
• Benefits – 4.0 percent per year
• Utilities and Fuel – 18 percent in FY 2025/26, then 8.0 percent for two years, then

5.0 percent thereafter
Salaries and
Benefits

32.7%
Professional
Services

8.1%
Maintenance

5.3% Utilities

5.8%
Conservation

1.3%
Taxes, Insurance
and Other

5.3%
Adminstration

7.5%
SCWA Water
Purchases

30.5%
CalPERS Payment Plan

3.5% 139 of 175
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2025 Water and Sewer Financial Plans Introduction and Summary 12 • Insurance – 15 percent in FY 2025/26, then 6 percent for three years, then 3 percent thereafter
• All other expenses - 3.0 percent per year
These inflation assumptions were discussed with City staff and are consistent with the assumptions used by other regional utilities and are reasonable for financial planning purposes.

WATER CAPITAL IMPROVEMENT PROGRAM
Figure 3 shows that from FY 2022/23 to FY 2023/24 the City has spent very little in capital projects to rehabilitate or improve the water system (an average of $460 thousand per year). Starting in FY 2024/25, the City plans to increase its annual capital spending significantly in order to proactively address the water system’s rehabilitation needs associated with treatment facilities, pipes, water tanks, and other system facilities.

Most significantly, the City plans to replace and upgrade the existing Cypress Storage Tank in FY2027/28 (at a cost of approximately $2.8 million in 2025 dollars). This will increase annual capital spending to an average of nearly $1.3 million per year over the next 10 years. A detailed list of the requested capital projects and associated costs is provided in Schedule W-1.
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2025 Water and Sewer Financial Plans Introduction and Summary 13 Figure 3: Water Enterprise Capital Spending

WATER ENTERPRISE DEBT STRATEGY
In order to meet the cash flow requirements associated with the near-term “spike” in capital spending, this Study recommends that the Water Enterprise borrow $7.4 million in two separate loans ($5.0 million immediately and $2.4 million in FY 2028/29. This financial plan assumes that the debt will carry an interest rate of 5.0 percent and a repayment period of 20 years. The form of debt (bond, bank note, subsidized loan, etc.) has not yet been identified.

One of the requirements associated with debt financing is to maintain rates and other water system revenues at levels sufficient to meet debt service coverage requirements (DCR). Water system net revenues (i.e., revenues after paying all operating costs) must be maintained at a DCR level that is at least 1.20 times annual debt service. Based on published guidance from Fitch Ratings, utility systems with midrange financial profiles should maintain a DCR greater than 1.50 times annual debt service. Schedule W-2 shows that the proposed financial plan maintains a DCR of at least 1.32 (and usually higher).

FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 $0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5 Millions
Projected Spending
Historical Spending
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2025 Water and Sewer Financial Plans Introduction and Summary 14 PROPOSED WATER RATE REVENUE INCREASES
All of the above information was entered into a financial planning model to produce a 10-year projection of the sufficiency of current rate revenues to meet projected financial requirements and determine the level of rate revenue increases necessary in each year of the projection period.

Based upon the previously discussed financial data, assumptions, policies, and debt strategy, this Study proposes a 5-year schedule of annual rate adjustments as shown in Figure 4. The rate schedules associated with these rate adjustments have been provided as Schedule W-3.

The numbers provided in the first table in Schedule W-2 (cash flow proforma for the Water Operating Fund) are summarized graphically in Figure 4, which shows the Operating Fund target reserves being metthroughout the planning period. Schedule W2 shows the cash flow with each of the Water Enterprise’s funds and the projected transfers between the Water Operating Fund and the Water Capital Fund.

After the final recommended increase in FY 2029/30, it is anticipated (barring unforeseen emergencies or changes in infrastructure/operational needs) that the rate revenue increases will need to continue as shown in Schedule W-2. These levelized rate increases will ultimately allow the Water Enterprise to cash-finance its capital program rather than seek internal and external loans.
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2025 Water and Sewer Financial Plans Introduction and Summary 15 Figure 4: Water Enterprise Cash Flow Projection with Recommended Rate Increases and Debt Issuances
In addition to typical cost inflation which results in higher costs every year, the following summarizes the changes in costs facing the Water Enterprise that are driving the need for the proposed rate increases:
• The cost of purchasing imported water from Sonoma Water has increase significantly over the past three years and is forecasted to continue increasing significantly. These costs represent approximately 1/4 of the water utility operating budget.
• Utility and insurance costs have also increased significantly and are expected to continue rising.
• The City has identified more capital spending needs that were not identified in previous financial plans.

FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 Rate Revenue Increase: 11.0% 11.0% 11.0% 8.0% 8.0% 8.0% 7.0% 6.0% 6.0% 6.0% Debt Coverage Ratio: na 2.18 1.32 1.57 1.68 1.61 1.86 2.03 2.26 2.41 Debt Proceeds: $5.0M $2.4M
Proposed Forecasted
$0
$1
$2
$3
$4
$5 RESERVES ($M)
Combined Ending Fund Balance Target Reserve Level Minimum Reserve Levels $0
$1
$2
$3
$4
$5
$6
FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 Total Revenue / Expenses ($M) Non-Rate Revenue Existing Rate Revenue Additional Rate Revenue Operating Expenses Debt Cash Capital Revenues Expenses
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2025 Water and Sewer Financial Plans Introduction and Summary 16 It is recommended that the City continue to closely monitor the financial condition of the water utility on an annual basis. In particular, the City should track changes in rate revenue due to drought, in water purchase costs from Sonoma Water, and revenue from development activity.
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2025 Water and Sewer Financial Plans Sewer Financial Plan 17 SEWER ENTERPRISE FINANCIAL PLAN

SEWER FUND STRUCTURE AND CASH FLOWS
The financial plan is an annual cash flow model. As a cash flow model, it differs from standard accounting income statements, and balance sheets. The financial plan models sources and uses of funds into, out of, and between the various funds and reserves of the sewer utility.

The financial plan model is based on the fund structures currently used by the City and incorporates reserve policies for specified purposes. The reserve structure includes an Operating Reserve within the Sewer Operating Funds (Fund 404), as well as the Sewer Capital Funds (Fund 405) for the purpose of meeting sewer system capital improvement needs of the capital program. Exhibit 2 includes a schematic diagram of the funds/reserves and major cash flows associated with the Sewer Enterprise financial plan model.

An understanding of the fund/reserve structure is helpful in understanding the financial plan worksheets that model estimated annual cash flows through the sewer utility from one year to the next. The fund/reserve structure is comprised of:

3.1.1 Sewer Operating Fund (Fund 404)
The Sewer Operating Fund (Fund 404) is the primary fund within the utility. Most of the Sewer Enterprise’s revenues, including user rate revenues, flow into the Operating Fund and all operating and maintenance costs, including debt service payments, are paid out of this fund.

Funds are also transferred from the Sewer Operating Fund to the Sewer Capital Fund to help pay for capital projects of the capital improvement program.

Sewer Operating Reserves – The 2017 Study recommended that the City establish and maintain Sewer Operating Reserves equal to 33 percent of annual operating and maintenance costs, including debt service (a target of about $1.2 million for FY 2024/25). The purpose of the Operating Reserve is to provide working capital and funds for unplanned operating and maintenance expenditures. The balance in the Sewer Operating Fund at the beginning of the 145 of 175
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2025 Water and Sewer Financial Plans Sewer Financial Plan 18 current fiscal year (FY 2024/25) was about $2.75 million, or about $1.55 million above the target Operating Reserve.

As explained in Section 2.1.1, the balance in the Operating Fund in excess of the target amount for the Operating Reserve is shown in the financial plan as “Available Balance.” Exhibit 2 – Sewer Enterprise – Schematic Diagram of Cash Flows

3.1.2 Sewer Capital Fund (Fund 405)
The Sewer Capital Fund is used to account for revenues and funds available for capital project expenditures. The capital fund is primarily funded through transfers from the Operating Fund for projects that rehabilitate aging infrastructure. Impact fees, paid by new development (if and when development occurs), are available to improve system capacity and help meets the capacity needs of new development. The financial plan models generally seek to maintain a positive balance in the capital funds while also covering the costs of planned capital improvement projects. This is achieved through annual transfers of funds from the operating fund to the capital fund of each utility. A portion of Sewer Impact Fee revenue(when available) is transferred from the Sewer Capital Fund to the Sewer Operating Fund to help pay Subregional debt service.
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2025 Water and Sewer Financial Plans Sewer Financial Plan 19 This financial plan aims to maintain a target cash reserve level in the capital fund equal to average annual capital spending (currently about $400 thousand).

SEWER ENTERPRISE BEGINNING FUND BALANCES
The ending cash balance for FY 2023/24 was used to establish the FY 2024/25 beginning balance, as shown in Table 2. It should be noted that the amount of cash that the Sewer Enterprise keeps in reserves is a product of its reserve policies (see Section 3.1).

Table 2: Sewer Enterprise FY 2024/25 Beginning Cash Balance

CUSTOMER GROWTH
As explained in more detail in Section 2.3, this Study assumes that no material growth with occur during the planning period.

SEWER ENTERPRISE RATE REVENUE
Rate revenue is the revenue generated from customers for sewer service. The City collects rate revenue from sewer customers based on a fixed monthly “Service Charge” (assessed based on meter size) and a sewer “Usage Rate” (applied to each TGAL) of water use). Residential customers without separate irrigation meters will be charged based on the lesser of the estimated actual use (based on average monthly winter water usage) and the actual water usage for that month. All other customers will have sewer service charges based on the metered water consumption from all sources except those sources that are not discharged to the city sewer as determined by the City Engineer. Customers receive a monthly bill.

Sewer Operating Reserve $2,750,000
Sewer Capital Reserve $127,000
Total Sewer Reserves: $2,877,000
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2025 Water and Sewer Financial Plans Sewer Financial Plan 20 The Sewer Enterprise Financial Plan starts with FY 2024/25 budgeted rate revenues. Budgeted and projected rate revenues (including proposed rate adjustments) are listed in the first table in Schedule S-2. Sewer production is assumed to remain constant over the planning period.

SEWER ENTERPRISE NON-RATE REVENUES
In addition to rate revenue, the City receives additional “non-rate revenue” from sources such as miscellaneous service fees, developer Impact Fees, occasional grants, and interest revenue on investments. Projections of miscellaneous fee revenues were based on FY 2024/25 budgeted revenues. Future interest income was estimated based upon projected fund balances and assumed interest rate of 1.5 percent, which is consistent with the City’s recent historical interest earnings relative to its total reserve levels. Interest accrues to each of the funds. No Impact Fee revenue is assumed for the planning period.

Budgeted sewerrate and non-rate revenues are depicted in Figure 5 below and listed in detail in the first table in Schedule S-2.
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2025 Water and Sewer Financial Plans Sewer Financial Plan 21 Figure 5: Sewer Enterprise Revenue Categories (FY 2024/25 budget)

SEWER ENTERPRISE OPERATING AND DEBT EXPENSES
The Sewer Enterprise’s expenses include operating and maintenance expenses, debt service, and capital spending. Capital spending is addressed separately in Section 3.8. Future operating and maintenance expenses were projected based upon the budgeted expenditures from FY 2024/25 and adjusted for inflation (see Section 3.7). A significant portion of the operating costs are driven by Subregional costs, which have been increasing significantly and are expected to continue to increase (see Section 3.7).

The Sewer fund’s current debt obligations consist of an internal loan from the In-Lieu Housing Fund ($1 million over 20 years at 3 percent for the P-1 project) and the Sewer fund’s responsible to pay a portion of Santa Rosa Subregional system debt. At present, Cotati’s share of annual Subregional debt service is about $776,000. For purposes of calculating debt coverage ratio, all of the above debt obligations are treated as operating costs.

Major budgeted expense categories for FY 2024/25 are depicted in Figure 6. Budgeted and projected operating and maintenance costs as well as debt service expenses are listed in Schedule S-2.

Rate Revenue

97.6%
Interest Earnings

2.0%
Miscellaneous
Revenue

0.4% 149 of 175
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2025 Water and Sewer Financial Plans Sewer Financial Plan 22 Figure 6: Sewer Enterprise Operating & Debt Expenses (FY 2024/25)

SEWER UTILITY COST ESCALATION
Annual cost escalation factors for the various types of expenses were developed based upon a review of historical inflation trends, published inflation forecasts, industry experience, and discussions with City staff. During the projection period, the following escalation assumptions were made:
• Subregional Wastewater Treatment - 6.0 percent in FY 2025/26 and predominantly 3.0 percent thereafter.
• Benefits – 4.0 percent per year
• Utilities and Fuel – 18 percent in FY 2025/26, then 8.0 percent for two years, then 5.0 percent thereafter
Salaries and
Benefits

18.2%
Supplies

0.2%
Professional
Services

2.8%
Maintenance

4.8%
Utilities

0.9%
Subregional O&M & Debt
Service

64.9%
Taxes, Insurance and
Other

4.5%
Administration

2.0% 150 of 175
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2025 Water and Sewer Financial Plans Sewer Financial Plan 23 • Insurance – 15 percent in FY 2025/26, then 6 percent for three years, then 3 percent thereafter
• All other expenses - 3.0 percent per year
These inflation assumptions were provided by City staff, are consistent with the assumptions used by other regional utilities and are reasonable for financial planning purposes.

SEWER CAPITAL IMPROVEMENT PROGRAM
Figure 7 shows that in FY 2022/23 and FY 2023/24 the City has spent an average of about $740 thousand per year for capital projects to rehabilitate or improve the sewer system. The forecasted average from FY 2024/25 through FY 2034/35 is $606 thousand per year. A detailed list of the requested capital projects and associated costs is provided in Schedule S-1.

The forecasted capital spending is materially different from the capital spending that was forecasted by the 2022 Rate Study. The spending that is currently forecasted to occur between FY 2024/25 through FY 2031/32 is $4.2 million whereas the 2022 Rate Study forecasted that the spending would only be $2.1 million during the same period (a 100 percent increase). This increase in annual capital spending is the primary driver for the proposed increase in sewer rates. These capital projects are proposed to be paid with cash (not debt) since there is no spike in spending, rather the increase in capital spending represent a “new normal” which is more appropriate to fund with cash.
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2025 Water and Sewer Financial Plans Sewer Financial Plan 24 Figure 7: Sewer Enterprise Capital Spending

PROPOSED SEWER RATE REVENUE INCREASES
All of the above information was entered into a financial planning model to produce a 10-year projection of the sufficiency of current rate revenues to meet projected financial requirements and determine the level of rate revenue increases necessary in each year of the projection period.

Based on the previously discussed financial data, assumptions, policies, and PayGo strategy, this Study proposes a 5-year schedule of annual rate adjustments as shown in Schedule S-3.

The numbers provided in the first table in Schedule S-2 (cash flow proforma for the Sewer Operating Fund) are summarized graphically in Figure 8, which shows that the beginning cash balance in the Sewer Operating Fund and Sewer Capital Fund for FY 2024/25 was about twice the target levels, but those reserves are drawn down quickly over the next couple years as a result of increases in operating costs and capital spending. This results in Operating Fund temporarily not meeting it minimum reserve target until FY 2030/31. In the event that sewer expensesexceed the forecasts, the Sewer Enterprise may need to borrow cash from the Water FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 $0.0
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2 Millions
Projected Spending
Historical Spending
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2025 Water and Sewer Financial Plans Sewer Financial Plan 25 Enterprise in the interim. Schedule S-2 shows the cash flow for both of the Sewer Enterprise’s funds.

Figure 8: Sewer Enterprise Cash Flow Projection with Recommended Rate Increases
It is important to note that the 2022 Rate Study had already anticipated that rate increases over the next two years would need to be 9 percent. The following describes some of the changes in costs facing the Sewer Enterprise that weren’t fully accounted for during the 2022 Rate Study:
• As previously discussed, annual capital spending is forecasted to be twice as high as was forecasted by the 2022 Rate Study
• Current usage revenue is 12 percent lower than previously anticipated due to a decrease in water usage
Schedule S-2 shows the cash flow with each of the Sewer Enterprise’s fund and the projected transfers between the Sewer Operating Fund and the Sewer Capital Fund.

FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 Rate Revenue Increase: 10.0% 10.0% 10.0% 10.0% 5.0% 4.0% 4.0% 3.0% 3.0% 3.0% Previously Adopted 9.0% 9.0%
Proposed Forecasted
$0
$1
$2
$3 RESERVES ($M)
Combined Ending Fund Balance Target Reserve Level
$0
$1
$2
$3
$4
$5
$6
$7
FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 Total Revenue / Expenses ($M) Non-Rate Revenue Existing Rate Revenue Additional Rate Revenue Operating Expenses Debt Cash Capital Expenses Revenues
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2025 Water and Sewer Financial Plans Sewer Financial Plan 26 It is recommended that the City continue to closely monitor the financial condition of the sewer utility on an annual basis.
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2025 Water and Sewer Financial Plans Schedules
1 SCHEDULES
_____________________________________________________
Schedule W-1: Water Utility Capital Spending Request
Schedule W-2: Water Utility Cash Flow Pro Formas
Schedule W-3: 5-Year Schedule of Proposed Water Rates
Schedule S-1: Sewer Enterprise Capital Spending Request Schedule S-2: Sewer Enterprise Cash Flow Pro Formas
Schedule S-3: 5-Year Schedule of Proposed Sewer Rates
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2025 Water and Sewer Financial Plans Schedules
1 W1
Schedule W-1 – Water Enterprise 5-Year Capital Spending Projections FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total
1 Well 1A/Well 3 Treatment Renewal and Replacement $150,000 $150,000 2 Well 2 Renewal/Remediation $60,000 $175,000 $235,000
3 Water and Sewer Renewal and Replacement $150,000 $150,000 4 Distribution System Monitoring $0
5 Well No. 4 $0
6 West Sierra Tank Recoating $838,000 $838,000
7 BP-1: Cypress Tank Booster Pumps $226,000 $600,000 $826,000 8 T-1: New Cypress Storage Tank $226,000 $2,600,000 $2,826,000 9 P-5: Sycamore Lane Water Main Replacement $650,000 $650,000 10 P-3, 4: Cypress Tank New Water Main $80,000 $180,000 $950,000 $1,210,000 11 P-1: Portal Street, Mercantile, Aaron Main Replacement $100,000 $1,490,000 $1,590,000 12 SCADA Water $53,000 $53,000
13 Well 3 Emergency Repairs 80000 80000
14 Total Capital Spending (FY 2025 dollars) $193,000 $555,000 $632,000 $4,150,000 $1,588,000 $1,490,000 $8,608,000 156 of 175
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2025 Water and Sewer Financial Plans Schedules
1 W2-1
Schedule W-2 – Water Enterprise Cash Flow Pro Formas (1 of 2) WATER OPERATING FUND (Fund 401)
Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 1 Rate Revenue Increase: 11.00% 11.00% 11.00% 8.00% 8.00% 8.00% 7.00% 6.00% 6.00% 6.00% Rate Revenue
2 Water Rate Revenue $2,319,000 $2,319,000 $2,574,000 $2,857,000 $3,171,000 $3,425,000 $3,699,000 $3,995,000 $4,275,000 $4,532,000 $4,804,000 3 Change due to growth & use $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 Increase due to rate adjustments $255,000 $283,000 $314,000 $254,000 $274,000 $296,000 $280,000 $257,000 $272,000 $288,000 Non-Rate Revenues
5 Miscellaneous Fees $41,500 $41,900 $42,300 $42,800 $43,200 $43,600 $44,100 $44,500 $44,900 $44,900 $44,900 6 Interest Earnings $60,000 $35,000 $38,000 $26,000 $13,000 $15,000 $19,000 $9,000 $15,000 $8,000 $3,000 7 Total Revenue $2,420,500 $2,650,900 $2,937,300 $3,239,800 $3,481,200 $3,757,600 $4,058,100 $4,328,500 $4,591,900 $4,856,900 $5,139,900 O&M Costs
8 Salaries and Benefits $747,000 $772,400 $798,700 $825,900 $854,000 $883,100 $913,300 $944,500 $976,700 $1,010,200 $1,044,700 9 Professional Services $184,500 $280,200 $212,500 $187,900 $211,100 $199,400 $225,400 $211,500 $240,400 $224,400 $266,200 10 Maintenance $121,500 $87,900 $90,500 $93,200 $96,000 $98,900 $101,800 $104,900 $108,000 $111,300 $114,600 11 Utilities $133,600 $157,700 $170,300 $183,900 $193,100 $202,800 $212,900 $223,600 $234,800 $246,500 $258,800 12 Conservation $28,800 $29,700 $30,600 $31,500 $32,400 $33,400 $34,400 $35,400 $36,500 $37,600 $38,700 13 Taxes, Insurance and Other $121,800 $137,500 $145,000 $153,000 $161,500 $166,300 $171,300 $176,500 $181,800 $187,200 $192,800 14 Adminstration $171,100 $176,300 $181,600 $187,000 $192,600 $198,400 $204,400 $210,500 $216,800 $223,300 $230,000 15 SCWA Water Purchases $697,300 $781,000 $874,700 $927,200 $982,800 $1,041,800 $1,104,300 $1,170,600 $1,240,800 $1,315,200 $1,394,200 16 Total Operating Expenses $2,205,600 $2,422,700 $2,503,900 $2,589,600 $2,723,500 $2,824,100 $2,967,800 $3,077,500 $3,235,800 $3,355,700 $3,540,000 Debt and Transfers
17 CalPERS Payment Plan $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 18 New Debt Service $0 $165,000 $436,000 $436,000 $511,000 $633,000 $633,000 $633,000 $633,000 $633,000 Transfer to Sewer Fund
19 Transfer Out to Capital Fund $1,000,000 $1,000,000 $0 $0 $1,000,000 $0 $1,000,000 $1,000,000 $0 $1,000,000 20 Total Debt and Transfers $80,000 $1,080,000 $1,245,000 $516,000 $516,000 $1,591,000 $713,000 $1,713,000 $1,713,000 $713,000 $1,713,000 21 Total Revenue Requirement $2,285,600 $3,502,700 $3,748,900 $3,105,600 $3,239,500 $4,415,100 $3,680,800 $4,790,500 $4,948,800 $4,068,700 $5,253,000 22 Beginning Year Balance $2,423,000 $2,557,900 $1,706,100 $894,500 $1,028,700 $1,270,400 $612,900 $990,200 $528,200 $171,300 $959,500 23 Surplus/(Shortfall) $134,900 ($851,800) ($811,600) $134,200 $241,700 ($657,500) $377,300 ($462,000) ($356,900) $788,200 ($113,100) 24 End of Year Balance $2,557,900 $1,706,100 $894,500 $1,028,700 $1,270,400 $612,900 $990,200 $528,200 $171,300 $959,500 $846,400 25 Operating Reserve Minimum Level $728,000 $799,000 $826,000 $855,000 $899,000 $932,000 $979,000 $1,016,000 $1,068,000 $1,107,000 $1,168,000 26 Available Balance $1,829,900 $907,100 $68,500 $173,700 $371,400 ($319,100) $11,200 ($487,800) ($896,700) ($147,500) ($321,600) 157 of 175
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2025 Water and Sewer Financial Plans Schedules
1 W2-2
Schedule W-2 – Water Enterprise Cash Flow Pro Formas (2 of 2) WATER CAPITAL FUND (Fund 402)
WATER CAPITAL FUND (402)
Cash Flow Proforma
Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 1 Beginning Balance $1,064,000 $878,100 $1,409,900 $2,416,700 $2,423,600 $1,541,400 $2,548,400 $1,839,700 $2,109,600 $2,357,500 $1,582,600 Revenues
2 Transfer in from Operating Fund $0 $1,000,000 $1,000,000 $0 $0 $1,000,000 $0 $1,000,000 $1,000,000 $0 $1,000,000 3 Impact Fee Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
4 Miscellaneous Fees $6,700 $6,800 $6,800 $6,900 $7,000 $7,000 $7,100 $7,200 $7,300 $7,300 $7,300 5 Interest Earnings $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
6 Total Revenues 6,700 1,006,800 1,006,800 6,900 7,000 1,007,000 7,100 1,007,200 1,007,300 7,300 1,007,300 Capital Spending
7 TOTAL CAPITAL SPENDING $192,600 $555,000 $631,000 $4,274,500 $1,684,900 $1,628,200 $715,800 $737,300 $759,400 $782,200 $805,700 8 Debt Funded Capital $0 $80,000 $631,000 $4,274,500 $795,700 $1,628,200 $0 $0 $0 $0 $0 9 Cash Funded Capital Projects $192,600 $475,000 $0 $0 $889,200 $0 $715,800 $737,300 $759,400 $782,200 $805,700 10 Capital Spending 192,600 475,000 - - 889,200 - 715,800 737,300 759,400 782,200 805,700 11 Surplus/(Shortfall) (185,900) 531,800 1,006,800 6,900 (882,200) 1,007,000 (708,700) 269,900 247,900 (774,900) 201,600 12 Capital Reserve Ending Balance $878,100 $1,409,900 $2,416,700 $2,423,600 $1,541,400 $2,548,400 $1,839,700 $2,109,600 $2,357,500 $1,582,600 $1,784,200 13 Capital Reserve Target Level $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 $1,257,000 14 Available Balance ($378,900) $152,900 $1,159,700 $1,166,600 $284,400 $1,291,400 $582,700 $852,600 $1,100,500 $325,600 $527,200 158 of 175
City of Cotati
2025 Water and Sewer Financial Plans Schedules
1 W3
Schedule W-3 – Five-Year Schedule of Proposed Water Rates 2 Proposed Water Rates 2
Current June 2025 June 2026 June 2027 June 2028 June 2029 Monthly Service Charge
3/4" meter $28.37 $31.49 $34.95 $38.79 $41.89 $45.24
1" meter $46.37 $51.47 $57.13 $63.41 $68.48 $73.96
1 1/2" meter $90.98 $100.99 $112.10 $124.43 $134.38 $145.13 2" meter $144.72 $160.64 $178.31 $197.92 $213.75 $230.85 3" meter $270.19 $299.91 $332.90 $369.52 $399.08 $431.01 4" meter $449.41 $498.85 $553.72 $614.63 $663.80 $716.90 Water Usage Rates ($/TGAL)
Single Family
Tier 1 (0 to 5 TGAL)1
$4.83 $5.36 $5.95 $6.60 $7.13 $7.70
Tier 2 (5 to 10 TGAL) $6.20 $6.88 $7.64 $8.48 $9.16 $9.89 Tier 3 (over 10 TGAL) $7.73 $8.58 $9.52 $10.57 $11.42 $12.33 Multi-Family, Non-Resid., & Irrigation
All Water Usage $5.37 $5.96 $6.62 $7.35 $7.94 $8.58
1 "TGAL" means thousand gallons
2 New rates implemented on the June 15th of the indicated year 159 of 175
City of Cotati
2025 Water and Sewer Financial Plans Schedules
1 S1
Schedule S-1 – Sewer Enterprise 5-Year Capital Spending Projections FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total
1 Sewer Renewal and Replacement (R&R) Master Plan $70,000 $70,000 2 Sewer Collection System R&R $90,000 $175,000 $500,000 $500,000 $500,000 $1,765,000 3 Sewer Lift Stations R&R $110,000 $150,000 $150,000 $410,000 4 SCADA Sewer $53,000 $53,000
5 Sewer Lift Station Emergency Generator Project $185,000 $185,000 $370,000 6 Total Capital Spending (FY 2025 dollars) $53,000 $455,000 $360,000 $500,000 $650,000 $650,000 $2,668,000 160 of 175
City of Cotati
2025 Water and Sewer Financial Plans Schedules
1 S2-1
Schedule S-2 – Sewer Enterprise Cash Flow Pro Formas (1 of 2) SEWER OPERATING FUND (404)
Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 1 Rate Revenue Increase: 10.00% 10.00% 10.00% 10.00% 5.00% 4.00% 4.00% 3.00% 3.00% 3.00% Rate Revenue
2 Sewer Rate Revenue $3,385,300 $3,385,300 $3,724,000 $4,096,000 $4,506,000 $4,957,000 $5,205,000 $5,413,000 $5,630,000 $5,799,000 $5,973,000 3 Change due to growth & use $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 Increase due to rate adjustments $339,000 $372,000 $410,000 $451,000 $248,000 $208,000 $217,000 $169,000 $174,000 $179,000 Non-Rate Revenues
5 Interest Earnings $60,000 $34,000 $16,000 $1,000 $6,000 $15,000 $12,000 $9,000 $7,000 $21,000 $21,000 6 Operating Revenue/Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 7 Total Revenue $3,445,300 $3,758,300 $4,112,000 $4,507,000 $4,963,000 $5,220,000 $5,425,000 $5,639,000 $5,806,000 $5,994,000 $6,173,000 O&M Costs
8 Salaries and Benefits $701,000 $722,000 $744,000 $766,000 $789,000 $813,000 $837,000 $862,000 $888,000 $915,000 $942,000 9 Supplies $7,000 $8,000 $8,000 $8,000 $8,000 $8,000 $9,000 $9,000 $9,000 $10,000 $10,000 10 Professional Services $110,000 $101,000 $134,000 $107,000 $128,000 $113,000 $137,000 $120,000 $146,000 $128,000 $166,000 11 Maintenance $184,000 $133,000 $137,000 $141,000 $145,000 $150,000 $154,000 $159,000 $164,000 $169,000 $174,000 12 Utilities $33,000 $39,000 $42,000 $46,000 $48,000 $50,000 $53,000 $56,000 $58,000 $61,000 $64,000 13 Subregional O&M & Debt Service $2,507,000 $2,634,000 $2,713,000 $2,794,000 $2,878,000 $2,965,000 $3,074,000 $3,166,000 $3,261,000 $3,359,000 $3,671,000 14 Taxes, Insurance and Other $99,000 $102,000 $105,000 $108,000 $111,000 $115,000 $118,000 $122,000 $125,000 $129,000 $133,000 15 Administration $76,000 $79,000 $81,000 $84,000 $86,000 $89,000 $91,000 $94,000 $97,000 $100,000 $103,000 16 Total Operating Expenses $3,717,000 $3,818,000 $3,964,000 $4,054,000 $4,193,000 $4,303,000 $4,473,000 $4,588,000 $4,748,000 $4,871,000 $5,263,000 Debt and Transfers
17 In-Lieu Housing Debt Service $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 $67,000 18 CalPERS Payment Plan $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 $76,200 19 Transfer Out to (in from) Capital Fund $80,000 $1,000,000 $1,000,000 $0 $0 $1,000,000 $1,000,000 $1,000,000 $0 $1,000,000 $1,000,000 20 Total Debt and Transfers $223,200 $1,143,200 $1,143,200 $143,200 $143,200 $1,143,200 $1,143,200 $1,143,200 $143,200 $1,143,200 $1,143,200 21 Total Revenue Requirement $3,940,200 $4,961,200 $5,107,200 $4,197,200 $4,336,200 $5,446,200 $5,616,200 $5,731,200 $4,891,200 $6,014,200 $6,406,200 22 Beginning Year Balance $2,750,000 $2,255,100 $1,052,200 $57,000 $366,800 $993,600 $767,400 $576,200 $484,000 $1,398,800 $1,378,600 23 Surplus/(Shortfall) ($494,900) ($1,202,900) ($995,200) $309,800 $626,800 ($226,200) ($191,200) ($92,200) $914,800 ($20,200) ($233,200) 24 End of Year Balance $2,255,100 $1,052,200 $57,000 $366,800 $993,600 $767,400 $576,200 $484,000 $1,398,800 $1,378,600 $1,145,400 25 Operating Fund Reserve Target $1,227,000 $1,260,000 $1,308,000 $1,338,000 $1,384,000 $1,420,000 $1,476,000 $1,514,000 $1,567,000 $1,607,000 $1,737,000 26 Available Balance $1,028,100 ($207,800) ($1,251,000) ($971,200) ($390,400) ($652,600) ($899,800) ($1,030,000) ($168,200) ($228,400) ($591,600) 161 of 175
City of Cotati
2025 Water and Sewer Financial Plans Schedules
1 S2-2
Schedule S-2 – Sewer Enterprise Cash Flow Pro Formas (2 of 2) SEWER CAPITAL FUND (405)
Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 1 Beginning Balance $127,000 $177,000 $740,000 $1,406,000 $928,000 $268,000 $578,000 $871,000 $1,146,000 $403,000 $627,000 Revenues
2 Transfer In from Operating Fund $80,000 $1,000,000 $1,000,000 $0 $0 $1,000,000 $1,000,000 $1,000,000 $0 $1,000,000 $1,000,000 3 Impact Fee Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
4 Miscellaneous Fees $15,000 $15,000 $15,000 $16,000 $16,000 $16,000 $16,000 $16,000 $16,000 $17,000 $17,000 5 Interest Earnings $8,000 $3,000 $11,000 $21,000 $14,000 $4,000 $9,000 $13,000 $17,000 $6,000 $9,000 Transfer in from Operating Fund
6 Total Revenues $103,000 $1,018,000 $1,026,000 $37,000 $30,000 $1,020,000 $1,025,000 $1,029,000 $33,000 $1,023,000 $1,026,000 Capital Spending
7 TOTAL CAPITAL SPENDING $53,000 $455,000 $360,000 $515,000 $690,000 $710,000 $732,000 $754,000 $776,000 $799,000 $823,000 8 Debt Funded Capital $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
9 Cash Funded Capital Projects $53,000 $455,000 $360,000 $515,000 $690,000 $710,000 $732,000 $754,000 $776,000 $799,000 $823,000 10 Capital Spending $53,000 $455,000 $360,000 $515,000 $690,000 $710,000 $732,000 $754,000 $776,000 $799,000 $823,000 11 Surplus/(Shortfall) 50,000 563,000 666,000 (478,000) (660,000) 310,000 293,000 275,000 (743,000) 224,000 203,000 12 Capital Reserve Ending Balance $177,000 $740,000 $1,406,000 $928,000 $268,000 $578,000 $871,000 $1,146,000 $403,000 $627,000 $830,000 Capital Reserve Target $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 $404,000 Available Balance ($227,000) $336,000 $1,002,000 $524,000 ($136,000) $174,000 $467,000 $742,000 ($1,000) $223,000 $426,000 162 of 175
City of Cotati
2025 Water and Sewer Financial Plans Schedules
1 S3
Schedule S-3 – Five-Year Schedule of Proposed Sewer Rates2 Proposed Sewer Rates 2
Current June 2025 June 2026 June 2027 June 2028 June 2029 Monthly Service Charge
3/4" meter $53.25 $58.58 $64.44 $70.88 $77.97 $81.87
1" meter $87.71 $96.48 $106.13 $116.74 $128.41 $134.83
1 1/2" meter $173.12 $190.43 $209.47 $230.42 $253.46 $266.13 2" meter $276.01 $303.61 $333.97 $367.37 $404.11 $424.32 3" meter $516.28 $567.91 $624.70 $687.17 $755.89 $793.68 4" meter $859.42 $945.36 $1,039.90 $1,143.89 $1,258.28 $1,321.19 Sewer Usage Rates ($/TGAL) 1
All Customers $12.43 $13.67 $15.04 $16.54 $18.19 $19.10 2 New rates implemented on the June 15th of the indicated year 1 Residential customers without separate irrigation meters will be charged based on the lesser of the estimated water use (based on average monthly winter water usage from the previous year) and the actual water usage for that billing period. All other customers will have sewer service charges based on the metered water consumption from all sources except those sources that are not discharged to the city sewer as determined by the City Engineer.
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Please attach this to Cotati City Council item May 27 for Public Hearing for Water and Sewer Rates Cotati's urban water supply is partly sourced from the Sonoma Water Transmission System, which draws water from the lower Russian River at Wohler Collector.

While the current rate increases appear reasonable, it has also been identified that deferred capital improvements in the Sonoma Water Transmission System will need to be addressed in the future.

There has been discussion on the new Eel Russian Project authority and funding sources. I would like to pose the question: Does it offer any urban water resiliency for ratepayers whose water source is the lower Russian River? Based on recent Marin Water presentations, Sonoma Water Contractors have large winter flows that can meet water withdrawals as well as Lake Sonoma storage. These flows fit well within Sonoma Water agency’s water rights and Russian River flows.

On April 23, 2024, Cotati (Item 10.B) joined a Marin Water initiative to fund legal research and analysis regarding the impact of the Potter Valley Project diversion, for a cost to all participants of $100,000.

At its April 15, 2025, meeting (starting @21minute mark), the Marin Water Board authorized the “Winter Water Conveyance Project”. This project is a new 36-inch pipe from the North Marin Aqueduct to Nicasio Reservoir for long-term water resiliency.

The Marin Water presentation indicated that the Russian River has the capacity to be tapped for between 3,800 and 8,100 acre-feet (AF) annually for this project. The presentation included a Winter Availability Table showing that for the drought year 2021 there was an 80,000+ AF "excess” of winter flows (natural flows) over required instream flows (Chart attached). A Marin Water brochure called “Winter Water Conveyance Project” states “Reliability. This project relies upon water being available for purchase during dry years. However, even in dry years, the Russian River watershed generates substantial flows.”
Public sources indicate:
a) The Sonoma County Water Agency (SCWA) states on its water supply page that Lake Sonoma provides the majority of water for its urban water service area i.e., 600,000+ people in Sonoma and Marin. (Lake Sonoma has a capacity of 250,000 AF and was completed in 1983) b) SCWA's Urban Water Management Plan identifies its water rights as up to 75,000 AF annually, and in 2024, 44,530 AF were drawn from the Wohler Collector in the lower Russian River.

Sonoma Water has obliquely discussed the contributions of water from the upper Russian River and the need for a new Eel to Russian River transfer. Notably, in a requested support letter (Cotati Council Agenda Item 11.A Oct 24, 2023) Sonoma Water asked contractors for a letter about the PG&E planned decommissioning of its Potter Valley Hydroelectric Project, that stated “halting diversions” (from the Eel River) “would make the drinking water supply for 600,000 additional people less reliable”. This claim has been repeated by different official parties in Mendocino and, notably, Lake County BOS – yet the Marin Water Board presentation shows no such dependency.

Sincerely Neil Hancock, Cotati. May 19, 2025 see attached Winter Availability Table from Marin Water Board presentation.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: Cotati City Council
Subject: AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS

DATA RETENTION AND SHARING
Date: May 27, 2025
Written by: Chris Simmons, Chief of Police
Recommendation
It is recommended that the City Council receive and discuss the utilization of Automated License Plate Reader (ALPR) cameras and adopt a motion approving staff recommendations on data retention and sharing.

Background
On March 25, 2025, the Police Chief presented the annual Police Chief’s report summarizing public safety activities in 2024. At that meeting, the City Council discussed the Police Department’s use of Automated License Plate Readers (ALPRs), specifically the retention period of license plate images/locations. At the end of the conversation, the City Council requested that staff return with an agendized item to discuss the topic in more detail.

In prior City Council discussions around the use of ALPRs, the City Council raised concerns about holding license plate images and locations and balancing the potential data privacy concerns with public safety utility of ALPR systems. As a result of those discussions, the City Council directed that the data retention period be lowered from 1 year to 6 months and requested a report back in the next annual report discussing the observed benefits of the system during that time period. The intent, as understood by staff, was to determine if 6 months was in fact the optimal retention period or if a shorter period would still effectively accomplish the public safety purpose.

The City currently has four patrol vehicles upfitted with Axon dash-cameras that have ALPR capabilities. Currently, there are no fixed ALPR cameras and data sharing with neighboring law 166 of 175
enforcement agencies is not enabled.

Analysis/Discussion
Based on experience, ALPR cameras are often a key tool in providing real-time crime (inprogress) alerts and aiding police investigations, providing law enforcement with crucial evidence to identify suspects, witnesses, and the sequence of events surrounding a crime. ALPR cameras, whether installed at fixed locations or placed in a vehicle, record vehicle description data, location, and date/time. This technology is objective and unbiased, only recording otherwise public information and nothing about the personal characteristics or identifying information of drivers or passengers within camera view.

Once information is collected, the automated system checks the license plate data against the same state databases that police officers use to check vehicle license plates. This includes stolen vehicles and other crime-related vehicles listed in the database connected to crimes, missing persons related vehicles, and other authorized alerts that law enforcement agencies have placed in the system. Any license plates matching law enforcement identified vehicles that are within the authorized fields are relayed to officers and dispatchers monitoring the system as an alert.

Officers can then attempt to locate vehicles related to alerts. Every alert ultimately must be confirmed with the originating agency and the officer receiving the alert must confirm the information through CLETS before taking any enforcement action. ALPR data is also prohibited for immigration purposes. California law also prohibits law enforcement agencies from sharing data with agencies outside the State of California.

Recommendation
Data Retention
Based on local experience and experience from other agencies, staff believe that further reducing the retention period from 6 months to 1 month will still provide sufficient information to assist in solving the vast majority of crimes, while balancing the data privacy concerns as well as the costs to the City for retaining this data for longer periods of time.

Data Sharing
Another recommended change to the current procedure is to open up 1 to 1 data sharing with other California law enforcement agencies and be able to receive data from public ALPRs. In particular, police staff have found that access to neighboring ALPRs will provide a significant public safety benefit, including the ALPR cameras at Lowe’s Home Improvement, the 101 freeway, 116 highway/Stony Point, Rohnert Park, Petaluma, Santa Rosa, and other cameras in Sonoma County jurisdictions. Additionally, Sonoma State University (SSU) is in the process of installing ALPR cameras, and given our close coordination and dispatching of SSU, real-time access to vehicle flags will be critical. Without access, which is established with data sharing, the police have to rely on other agencies proactively contacting Cotati to inform us of vehicle flags in or around Cotati.

Financial Considerations
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To enable data sharing with other local law enforcement agencies and receive data from public ALPRs, it would require enabling a subscription service. This service, with a 1-month data retention, would require a two year service contract at $6,000 per year that also includes 2 fixed ALPRs. Longer data retention significantly increases the annual costs and is not recommended.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: MAYORS AND COUNCILMEMBERS COMMITTEE

APPOINTMENTS
Date: May 27, 2025
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council review letters of interest received and provide the Mayor with direction for voting at the upcoming Mayors and Councilmembers Association Board of Directors meeting.

Background
The City of Cotati is a member of the Sonoma County Mayors’ and Councilmembers’ Association and the Sonoma County City Selection Committee. Each body appoints members to various regional Boards and Commissions. The voting delegates from the City are the Mayor (primary) and Vice Mayor (alternate). If there are no letters of interest, the by-laws of the Sonoma County Mayors’ and Councilmembers’ Association allows for nominations from the floor at the meeting.

Analysis/Discussion
At its June 12, 2025 meeting the Sonoma County Mayors and Councilmembers Association (SCMCA) Board of Directors will make appointments for the following vacated positions:

Association of Bay Area Governments (ABAG) Executive Board - 2 Seats (to fill the expiring terms of Susan Adams of Rohnert Park and Stephen Zollman of Sebastopol). 1 primary seat and 1 alternate seat. 2-year term starting in June.

Letters Received:

Susan Adams, Rohnert Park
Frank Quint, Petaluma
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Letter Received for Alternate Seat:

Stephen Zollman, Sebastopol
Financial Considerations
Not applicable.

130 Avram Avenue  Rohnert Park CA  94928  (707) 588-2226  Fax (707) 794-9248 www.rpcity.org

City Council
Gerard Giudice
Mayor
Emily Sanborn
Vice Mayor
Susan Hollingsworth Adams
Jackie Elward
Samantha Rodriguez
Councilmembers
________________
Marcela Piedra
City Manager
Michelle Marchetta Kenyon
City Attorney
Lee Burdick
Assistant City Attorney
Cindy Bagley
Director of Community Services
Jamie Cannon
Director of Human Resources
Vanessa Garrett
Director of Public Works
Alicia Giudice
Director of
Development Services
Sylvia Lopez Cuevas
City Clerk
Tim Mattos
Public Safety Director
Betsy Howze
Finance Director
April 14, 2025
2025 Chair City, City of Rohnert Park
Sonoma County Mayors’ and Councilmembers’ Association
130 Avram Avenue, Rohnert Park, CA 94928
Attn: Lauren Berges, MCA Clerk [email protected]
Re: Request for Reappointment to the Association of Bay Area Governments (ABAG) Executive Board
Honorable Mayors and Councilmembers,
I am writing to respectfully request your support for my reappointment to the Association of Bay Area Governments (ABAG) Executive Board primary seat for a two-year term.

It has been an honor to serve on the ABAG Executive Board since my appointment in February 2021 and to contribute to the vital regional work ABAG leads. Over the past few years, I have also had the privilege of representing our community on the ABAG General Assembly and serving on the Housing Methodology Committee. These roles have deepened my understanding of and commitment to ABAG’s mission to strengthen cooperation and collaboration among local governments to develop innovative and cost-effective solutions to shared regional challenges.

In 2024, I had the honor of serving as Mayor of Rohnert Park. This experience further broadened my perspective on the importance of regional partnerships and informed my contributions to ABAG with a deeper sense of the needs and aspirations of our local communities.

With your support, I look forward to continuing this important work on the Executive Board. Please feel free to contact me at (707) 291-8450 or via email at [email protected] with any questions or to discuss this request further. I appreciate your consideration and your support.

Kind Regards,
Susan H. Adams,
Councilmeber, City of Rohnert Park
Cc: Rohnert Park City Council and City Manager

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Frank Quint
Councilmember District 4
Petaluma, CA 94952
(707) 971-9226
May 3, 2025
2025 Chair City,
City of Rohnert Park
Sonoma County Mayors’ and Councilmembers’ Association
130 Avram Avenue, Rohnert Park, CA 94928
Re: Executive Board of the Association of Bay Area Governments (ABAG) Honorable Mayors and Councilmembers,
I am writing to respectfully request your support for my appointment to the Executive Board of the Association of Bay Area Governments (ABAG). As a passionate advocate for sustainable communities and equitable growth, I am deeply committed to advancing ABAG’s top priorities: securing new revenues for transit operations, promoting housing affordability, and defending clean air and climate standards.

With a background in transportation, I bring a deep understanding of the challenges and opportunities facing our regional transit systems. I have worked extensively to champion active transportation options, improve multimodal connectivity, and support infrastructure investments that create safer, healthier, and more accessible communities. I believe strongly that a resilient and integrated public transit network is foundational to the Bay Area’s economic vitality and environmental future.

My advocacy for affordable housing is grounded in the belief that every Bay Area resident deserves a stable, affordable place to call home. I have actively supported initiatives that expand housing opportunities near transit and jobs, and I am eager to work with fellow regional leaders to pursue new revenue tools and policy solutions that help meet our shared housing goals.

I also share ABAG’s strong commitment to climate action. I support policies that uphold clean air standards and reduce emissions, and I will advocate for investments that build climate resilience while improving public health and quality of life for all communities.

It would be an honor to bring my experience, passion, and collaborative spirit to the ABAG Executive Board. I would be grateful for your support and the opportunity to serve our region during this pivotal time.

I would be honored by your support for this appointment and respectfully ask for your vote. If you have any questions, please do not hesitate to contact me at 707-971-9226 or by email at [email protected] With appreciation,
Frank Quint
Petaluma City Councilmember
cc: Members of Petaluma City Council
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May 5, 2025
Re: Application for ABAG Executive Board Alternate
Position
Chair Giudice, City of Rohnert Park
Sonoma County Mayors’ and Councilmembers’ Association
Attn: Lauren Berges, MCA Clerk
[email protected]
Dear Chair Giudice,
I am excited to be applying for the ABAG Executive Board Alternate position again. I greatly enjoyed my past term and the meetings I attended. I have developed relationships with many other Bay area electeds during this time. Continuing to learn from this position and continuing to develop these relationships will contribute to our association.

My legal experience has contributed to my understanding of how this JPA operates and fulfills its mission of strengthening cooperation and collaboration across local governments to build healthier, stronger communities. Part of this is developing best practices as well as the sharing of resources. One such resource is the available technical assistance related to complying with our required housing elements.

Learning and becoming part of helping ABAG resolve its challenges related to obtaining past CalPers obligations has been very rewarding. Exploring the different ways it is 173 of 175
2 attempting to do this, to include the sale of real estate, has been very informative. This ongoing acquired knowledge will also contribute to our association.

I would be honored to continue in this position. As always, if you have questions, please e-mail. Thank you very much for your consideration.

All Best,
signed
Stephen Zollman
Sebastopol Mayor
[email protected]
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Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: May 27, 2025
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 2025-02: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2025-02 is available at the online meeting portal at www.cotaticity.gov or by request from the Deputy City Clerk at 707-665-3622 or [email protected]. 175 of 175

Cotati City CouncilMay 27, 2025

Cotati City Council
May 27, 2025