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Agenda packet

Cotati City Council
January 13, 2026

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Agenda packet
Meeting
January 13, 2026
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Cotati City Council
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21
Original file
45.7 MB
Text extracted from the city's file for reading and search. Open the original on cotaticity.primegov.com. That file is the official record.

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, January 13, 2026
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 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/85647173972?pwd=uP78QQxV0yuMSv9ET5YgUv7caA5IGS.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: 856 4717 3972 Passcode: 944446
+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 in writing and included as part of the record of the meeting. They will not be read aloud into the record at 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, in accordance with the City Council Rules of Conduct.

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.

Accommodations: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section Cotati City Council Agenda January 13, 2026
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 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.
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Members of the public are prohibited from speaking, yelling, or otherwise making loud noises from the audience that disrupt the orderly proceeding of the meeting.
• 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.

Public Comment: Public comment on any one agenda item is limited to no more than three (3) minutes per person, in accordance with the City Council Rules of Conduct.

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).

Announcements:

A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, if the City Council is considering an item in which action will be taken, citizens will be invited to provide comments relevant to the item being discussed.

The meeting agenda also includes a Citizen Business item, which is the designated place on the agenda where citizens have the right to comment on any matter within the City’s subject matter jurisdiction. However, Citizen Business items do not generally receive a response because the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, so as to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda. Nonetheless, in accordance with the Brown Act, the Council may briefly respond, may ask a question for clarification, or may direct an item be placed on a future 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 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 nonemergency 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.

City Council meetings are conducted according to City Council Policy 2025-03: City Council Rules of Conduct. 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 - ROLL CALL

2. 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 – DEC 9, 2025

3. RECEPTION
A. RECOGNITION OF OUT-GOING MAYOR AND RECEPTION FOR INCOMING

MAYOR AND VICE-MAYOR
Cotati City Council Agenda January 13, 2026
The public is cordially invited to recognize the outgoing Mayor and enjoy refreshments at a brief reception for the new Mayor and Vice Mayor. No action will be taken.

4. AGENDA REVIEW (ACTION)

5. 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 2025-03, 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.

6. CONSENT CALENDAR (ACTION)
A. APPROVE LANDSCAPE MAINTENANCE STANDARD SERVICES AGREEMENTS

FOR RECENTLY IMPROVED HELEN PUTNAM AND SUNFLOWER PARKS
It is recommended the City Council of the City of Cotati approve by Motion Landscape Maintenance Agreements with LandCare, Inc. for routine landscape maintenance of the recently improved Helen Putnam and Sunflower Parks.

7. DIRECTION ON FUTURE AGENDA ITEMS

8. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION OF A RESOLUTION APPROVING PRELIMINARY AND FINAL

DESIGN REVIEW, VARIANCES, AND A TREE REMOVAL PERMIT TO ALLOW

CONSTRUCTION OF TWO BUILDINGS CONTAINING A TOTAL OF FIVE RESIDENTIAL UNITS AND 890 SQUARE FEET OF COMMERCIAL RETAIL SPACE AT 8150 LA PLAZA AND FINDING THE INFILL DEVELOPMENT PROJECT

CONSISTENT WITH THE COTATI GENERAL PLAN AND ITS ENVIRONMENTAL

IMPACT REPORT AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER CEQA GUIDELINES SECTIONS 15183 AND 15332
(PA# 25-10 / APN 144-273-009)
It is recommended that the City Council hold a Public Hearing and adopt the accompanying Resolution, determining that the proposed project is consistent with the General Plan Environmental Impact Report and is exempt from further environmental review under CEQA Guidelines Section 15183 and 15332; and approving Preliminary and Final Design Review, variances, and a Tree Removal Permit to permit the development of two structures containing a total of five residential units and 890 square feet of commercial space at 8150 La Plaza.

B. CONSIDERATION TO ADOPT RESOLUTION APPROVING ANNEXATION OF CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) AND TAKING ASSOCIATED ACTIONS
It is recommended the City Council of the City of Cotati adopt a Resolution approving annexation of certain property to Community Facilities District No. 2017-01 (Public Services); approving annexation map related thereto and authorizing and directing recording thereof; and authorizing and directing the preparation and recording of an amended notice of special tax lien related thereto.

9. REGULAR AGENDA (ACTION)
Cotati City Council Agenda January 13, 2026
A. SANTERO WAY AND TOC REZONING ORDINANCE
It is recommended by the Planning Commission and the Community Development Department that the City Council conduct the second reading of an ordinance to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts, to make additional zoning amendments to implement the Transit Oriented Communities (TOC) policy requirements from ABAG/MTC and to make other clarifying changes to the Cotati Municipal Code (CMC).

B. MEMORANDUM OF UNDERSTANDING, SANTERO WAY APARTMENTS
It is recommended that the City Council authorize the City Manager by motion to execute a nonbinding memorandum of understanding with South Rock Ventures, LLC regarding the sale of a City-owned property on Santero Way.

C. NOR CAL OAKS LICENSE AGREEMENT AMENDMENT
It is recommended that the City Council adopt a resolution approving the amended license agreement with NorCal Oaks for the use of Putnam and Cator Fields and the related budget amendment.

D. DISCUSSION ON AUTHORIZATION FOR THE MAYOR TO ADVOCATE FOR

INFRASTRTURE FUNDING WITH ABAG/MTC
It is recommended that the City Council by motion authorize the Mayor to advocate for ABAG/MTC to maintain their commitment to preferential transportation infrastructure funding for jurisdictions that have made meaningful progress towards compliance with Transit Oriented Community policy.

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

11. CITY MANAGER'S REPORT & COUNCILMEMBER REPORTS

12. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

13. 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 January 9, 2025. /s/ Kevin Patterson, 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, December 09, 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 Absent
Staff Present: City Manager Damien O’Bid, City Attorney John Bakker, City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, Police Chief Chris Simmons

2. 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 – SPECIAL MEETING – NOV 18, 2025 Corrected minutes added to the packet prior to the meeting.

No public comment.

RESULT: Approve [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage

3. AGENDA REVIEW (ACTION) 5 of 387
Cotati City Council Minutes December 09, 2025
Vice Mayor Lemus requested to move item 8A to directly after item 6. There being no objection from the Council, the item was moved.

No public comment.

4. 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 2025-03, 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.

Public Comment:

Laurie Alderman of Cotati

5. CONSENT CALENDAR (ACTION)
A. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 14 OF THE COTATI MUNICIPAL CODE TO IMPLEMENT THE 2025 CALIFORNIA

BUILDING STANDARDS CODE WITH AMENDMENTS
B. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER

FUNDS FOR THE EMERGENCY WATER AND SEWER REPAIRS CONTRACTS FOR WORK LOCATED AT E. COTATI AVENUE AT LANCASTER DRIVE AND ON

CHARLES STREET
C. ADOPTION OF RESOLUTION DECLARING INTENTION TO ANNEX CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC

SERVICES)
D. ADOPTION OF A RESOLUTION APPROVING A MINOR CONSTUCTION

AGREEMENT TO REPLACE THE FLOOR OF THE COTATI ROOM IN THE RAY

MILLER COMMUNITY CENTER
E. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO DESIGN THE 2026

PAVEMENT PRESERVATION PROJECT
RESULT: Adopt [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage

6. DIRECTION OF FUTURE AGENDA ITEMS
None.
8A. REORGANIZATION OF CITY COUNCIL FOR CALENDAR YEAR 2026 6 of 387
Cotati City Council Minutes December 09, 2025
This item was moved to directly after item 6 during agenda review.

Presentation by City Manager Damien O’Bid.

The City Council selects Sylvia Lemus as Mayor.

No public comment.

The City Council selects Susan Harvey as Vice Mayor.

No public comment.

After this item was complete, Council took a brief recess.

RESULT: Approve [4 TO 0] Mayor Sylvia Lemus
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage

RESULT: Approve [4 TO 0] Vice Mayor Susan Harvey
MOVER: Laura Sparks, Councilmember
SECONDER: Sylvia Lemus, Vice Mayor
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage

7. PUBLIC HEARINGS (ACTION)
A. INTRODUCTION AND FIRST READING OF ORDINANCE AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICPAL CODE TO CREATE THE SANTERO

WAY (SW) AND TRANSIT ORIENTED COMMUNITIES (TOC) ZONING DISTRICTS,

IMPLEMENT TOC-RELATED POLICY REQUIREMENTS AND MAKE OTHER

CLARIFYING CHANGES TO THE COTATI MUNICIPAL CODE
Presentation by Director of Community Development Noah Housh.

Councilmembers comment.

Public Comment:

Cindy Stefi
Evan
Laurie-Ann Barbour of Cotati
Laurie Alderman of Cotati 7 of 387
Cotati City Council Minutes December 09, 2025
Council voted to introduce the ordinance, making the following modifications:
-Amend to remove unbundled parking.
-Request a case study on the potential impact of the TOC zoning on the Oliver’s Shopping Center property be prepared for the second reading.

RESULT: Introduce [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage

8. REGULAR AGENDA (ACTION)
B. COUNCIL ASSIGNMENTS AS REPRESENTATIVES AND LIAISONS TO VARIOUS COMMITTEES FOR CALENDAR YEAR 2025
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

No public comment.

Council had an initial discussion, tentatively appointing Councilmember John Savage as the primary representative to the Mayors and Councilmembers Legislative Committee, and Mayor Lemus as the alternate. Additionally, Vice Mayor Lemus expressed a desire to be the representative to the Sonoma County Homeless Coalition Board of Directors for Cotati-Rohnert Park. City Manager O’Bid stated that he would follow up with Rohnert Park to initiate the discussion to mutually agree on the joint representative for 2026. Council asked for the item to come back in January for a final vote.

C. PROCLAMATION SCHEDULE FOR 2026
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

No public comment.

RESULT: Approve [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage
After this item, Council took a brief recess.

D. 2026 VERONDA-FALLETTI RANCH WORKPLANS AND NEW LICENSE 8 of 387
Cotati City Council Minutes December 09, 2025

AGREEMENT WITH AGRI-CULTURE AND EXTENSION OF THE SANDY LOAM

LICENSE
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati
RESULT: Adopt [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage
E. CONSIDERATION OF A RESOLUTION ADOPTING A NEW CROSS-CONNECTION

CONTROL PLAN FOR THE CITY OF COTATI PURSUANT TO THE CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD'S CROSS-CONNECTION

CONTROL POLICY HANDBOOK
Presentation by Director of Public Works/City Engineer Craig Scott.

Councilmembers comment.

Public Comment:

Neil Hancock of Cotati
RESULT: Adopt [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
ABSENT: Savage
F. 2025 CALPERS UNFUNDED ACTURARIAL LIABILITY REVIEW, POLICY

COMPLIANCE AND FUNDED STATUS
Presentation by Director of Administrative Services Angela Courter and Dmitry Semenov of Ridgeline Municipal Strategies.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati
G. 2025 STATE OF THE CITY 9 of 387
Cotati City Council Minutes December 09, 2025
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati

9. 10.

LAND ACKNOWLEDGMENT & PLEDGE OF ALLIGIANCE

CITY MANAGER'S REPORT & COUNCILMEMBER REPORTS
Report by City Manager Damien O’Bid.

Councilmembers report out on local and regional events and meetings.

11. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

12. ADJOURNMENT
Mayor Ford adjourned the meeting at 9:30pm.
/s/ Kevin Patterson, City Clerk
10 of 387
Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: RECOGNITION OF OUT-GOING MAYOR AND RECEPTION

FOR INCOMING MAYOR AND VICE-MAYOR
Date: January 13, 2026
Written by: Damien O'Bid, City Manager
Recommendation
The public is cordially invited to recognize the outgoing Mayor and enjoy refreshments at a brief reception for the new Mayor and Vice Mayor. No action will be taken. 11 of 387
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVE LANDSCAPE MAINTENANCE STANDARD

SERVICES AGREEMENTS FOR RECENTLY IMPROVED

HELEN PUTNAM AND SUNFLOWER PARKS
Date: January 13, 2026
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati approve by Motion Landscape Maintenance Agreements with LandCare, Inc. for routine landscape maintenance of the recently improved Helen Putnam and Sunflower Parks.

Background
The City is completing significant capital improvements to Helen Putnam and Sunflower parks and these improvements require increased weekly maintenance. In general, landscape maintenance services are provided by PJM. However, certain areas requiring a higher level of landscape maintenance (such as Kotate Park) have been contracted out to LandCare.

Analysis/Discussion
Capital Improvements for the Helen Putnam and Sunflower parks are being completed in January and the maintenance responsibility for these improvements will transfer from the contractors to the City sometime in early February. Anticipating this transfer, the City has requested proposals from LandCare, LLC to provide maintenance for a one year period. These contracts will overlap with warranties on the new construction which cover the landscaping for a three month period and hardscape and equipment for a one year period following City acceptance of the improvements. The warranties do not cover routine maintenance of the landscaping. The City’s garbage collector, Recology is to include servicing the trash recepticles in their City-wide contract and Public Works is to perform weekly servicing of the dog waste stations and share general trash pickup duties with the landscaper. 12 of 387
LandCare, LLC provided the attached proposals for this work and Staff has determined them to be fair and reasonable and is recommended for approval. The proposals include abiding by the City’s Integrated Pest Management Policy which only allows for the use of organic hebicides and pesticides. The contract for Helen Putnam Park is to cover the entire park, new and older sections, and the Sunflower contract will do the same which includes the street landscaping and median landscaping. Existing landscape contracts with PJM, which currently cover the unimproved portions of the parks, are being canceled coincident with the start of the LandCare contracts. If approved by the City Council, the new landscape contract will begin on February 1, 2026 or City acceptance of the parks, whichever occurs later.

Financial Considerations
The existing landscape maintenance contracts for Helen Putnam and Sunflower parks are for amounts of $700 and $250 per month, respectively. These costs are to increase to $2,575 and $1,750 per month for the two parks, respectively. Anticipating these increases, the FY25/26 adopted budget increased the City’s overall landscape maintenance budget from $45,550 to $93,220 or an increase of $47,670. The increase in landscape costs for these two parks for the remaining 6 months of the Fiscal Year is $24,450 which is well within the $47,670 increase budgeted for this FY. Next FY has a landscape budget of $96,020 which, accounting for all the City landscape maintenance contract costs, is adequate to cover nearly a full year at this level.

Note that an early priority for 2026 is to re-issue a request for proposals for landscape services City wide, particularly given the significant investment in parks. Depending on the outcome of the RFP process, any needed adjustments can be made at that time.

Environmental Issues
This action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. 13 of 387
January 06, 2026 Contract No. - 3677329
Putnam Park

LANDSCAPE MANAGEMENT AGREEMENT
THIS AGREEMENT is entered into January 6, 2026, by and between LandCare USA, LLC, located at 5151 Shoreham Pl. Suite 140, San Diego, CA 92122, hereafter referred to as the "Contractor", and City Of Cotati, the Owner or designated Owner's Representative, hereinafter referred to as “Owner”.

The parties wish to enter into an agreement to define the terms and conditions under which Contractor will provide landscape maintenance services to Owner.

The parties hereby agree as follows:
1) Services. The Contractor agrees to perform the landscape management services noted on the "Landscape Management Annual Schedule" in accordance with the “Specifications” both of which are attached to and incorporated into this Agreement, for the property of the Owner,located at Putnam Park , 53 Myrtle Avenue, Cotati, CA 94931, (hereinafter referred to as the "Property"). 2) Start Date. This Agreement shall commence on February 01, 2026, and end on January 31, 2027 and shall renew for one (1) additional year subject to price adjustments (paragraph 3.C. below) on the anniversary date of the Agreement unless terminated by either party by providing thirty (30) days written notice prior to the end of the then current term. 3) Consideration/Payment/Price Adjustments.

A. In consideration for the Contractor's performance for services described in the “Landscape Management Annual Schedule”, Owner agrees to pay Contractor a monthly amount of $2,575.00 which is equal to $30,900.00 annually, plus applicable sales tax, if any, as imposed by any governing agency at the rate then in effect.

B. Invoices will be sent on or about the 1st day of each month for current month's services and payment shall be due upon receipt. A late charge of 1.5% per month shall be charged on all amounts 30 days past due and a $20.00 fee will apply to any returned check.

C. Approximately sixty (60) days prior to each annual renewal, Contractor may send Owner notification of renewal and a price adjustment. If the Owner does not object in writing within 30 days of the date of the notification of price adjustment, then the renewal of this Agreement shall include the price adjustment. If the Owner objects to the notification of price adjustment in writing within 30 days of the date of notice then Contractor has the option to either (i) renew the Agreement without the price adjustment or (ii) terminate the Agreement. 4) Additional Services. Services performed and/or materials delivered, which are not specifically described herein, or changes in the size or physical condition of the Property will be deemed ‘Additional Services’. Additional services will be billed separately and all payments are due upon receipt. The performance of, and the payment for Additional Services are subject to all the terms and conditions of this Agreement.
5) Materials, Supplies, and Equipment. Contractor will furnish all materials, labor, supplies, and equipment necessary to perform the services specified.
6) Venue and Attorney’s Fees. This Agreement shall be governed by the laws of the State of California with venue in the same county where Contractor’s service location is based. In the event of suit or action commenced to enforce the terms of the Agreement, the prevailing party shall be entitled to reimbursement of its reasonable expenses, attorney's fees and costs, including appeals. 7) Minor Repairs. Contractor is authorized to perform up to $200.00 worth of repairs not covered by this Agreement without prior approval of Owner.

LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 1 of 8
14 of 387
January 06, 2026 Contract No. - 3677329
Putnam Park
8) Liability. Contractor is an independent contractor and the Owner assumes no liability for injury to the Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner,the Owner's agents, servants, or employees. It is further understood that the Contractor is not liable for any damage of any kind whatsoever that is not caused by the Contractor,its agents, or employees and Contractor shall not be responsible for any damages other than direct damages. This exclusion includes, without limitation, incidental, consequential, special and punitive damages. 9) Insurance. Contractor agrees to carry worker’s compensation, comprehensive general liability, and automobile insurance in an amount not less than $1,000,000 in the aggregate. 10) Notification of Deficient Work. If Owner believes Contractor is providing deficient work, Owner agrees to notify Contractor of deficiencies, in writing, within 10 days of said occurrence. If written notice is not received by Contractor within 10 days Owner knew or should have known of the deficiencies, Owner is deemed to have waived any and all claims to recover past payments and/or rights to withhold present or future payments due under this Agreement. Upon a notification of deficient work, Contractor agrees to rectify such deficiencies within 14 days to the extent commercially reasonable. If the Contractor corrects the deficiencies in accordance with the schedule, it shall not forfeit any amounts due under this Agreement.
11) Early Termination. Either party may terminate this Agreement by giving 30 days written notice to the other party. Contractor may also immediately cease performance or terminate this Agreement if Owner refuses or fails to pay Contractor according to the terms of this Agreement. 12) Assignment. Neither party may assign this Agreement without the other’s written consent and then only after thirty (30) days prior written notice. Should Owner assign this Agreement to a new Owner or entity, Contractor may require (i) approval of the credit worthiness of the new Owner and (ii) written assumption by the new Owner of all terms of this Agreement. Contractor may subcontract any portion of this Agreement to a qualified third party.
13) Notices. Notice to Contractor shall be sufficient if made or addressed to 463 Yolanda Ave. Santa Rosa, CA 95404 and to Owner at the principal place of business stated herein. 14) Complete Agreement. This Agreement constitutes the entire Agreement of the parties. Both parties have read this Agreement and fully understand its contents.

LANDCARE USA, LLC Owner
By: By:

Name: Kurtis Parsons Name:

Title: Account Manager Title:

Date: Date:

This Agreement is valid only if accepted and executed by the Customer and/or Property Owner within thirty (30) days of the date first submitted or, if later than thirty (30) days, revalidated by Contractor.

LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 2 of 8
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January 06, 2026 Contract No. - 3677329
Putnam Park

LANDSCAPE MANAGEMENT ANNUAL SCHEDULE

SERVICES
Maintenance Visit
Irrigation Start Up
Irrigation Checks
Irrigation Winterization
Turf Application - March
Turf Application - June
Turf Application - Sept
Turf Application - December
SUBTOTAL $30,900.00
SALES TAX $0.00
TOTAL $30,900.00
LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 3 of 8
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Putnam Park

PAYMENT SCHEDULE

SCHEDULE PRICE SALES TAX TOTAL PRICE
February $2,575.00 $0.00 $2,575.00
March $2,575.00 $0.00 $2,575.00
April $2,575.00 $0.00 $2,575.00
May $2,575.00 $0.00 $2,575.00
June $2,575.00 $0.00 $2,575.00
July $2,575.00 $0.00 $2,575.00
August $2,575.00 $0.00 $2,575.00
September $2,575.00 $0.00 $2,575.00
October $2,575.00 $0.00 $2,575.00
November $2,575.00 $0.00 $2,575.00
December $2,575.00 $0.00 $2,575.00
January $2,575.00 $0.00 $2,575.00
$30,900.00 $0.00 $30,900.00
LandCare Branch Information
Account Manager: Kurtis Parsons
Email Address: [email protected]
Primary Phone:

Customer Information
Primary Contact: Craig Scott
Primary Phone: (707) 665-3620
Primary Email: [email protected]
Billing Contact: Craig Scott
Billing Phone: (707) 665-3620
Billing Email: [email protected]
LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 4 of 8
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January 06, 2026 Contract No. - 3677329
Putnam Park

SPECIFICATIONS

1.0 Turf Management
A. Lawn Mowing
i. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.
ii. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.
iii. Mowing height for all irrigated lawn areas will be in accordance with best horticultural practices for a finished cut height (typically, for most species, no less than 1½” and no more than 2½”) unless otherwise requested. Turf will be cut at a uniform height.

Mowing equipment will be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

B. Edging & String Trimming
i. All sidewalks curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs road signs, guard posts, utility poles, and other obstacles.

C. Cleaning of Walks
i. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

2.0 Shrub & Bed Maintenance
A. Policing & Grooming
i. Landscaped areas will be patrolled throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.
ii. Planter beds will be groomed to promote an attractive and fresh appearance.

B. Edging & String Trimming
i. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis.

C. Pruning
i. Major pruning will be done following flowering or during plant’s dormant season. ii. Shrubbery and hedges will be pruned at established “maintenance” height. iii. Groundcover will be pruned as required to “contain” perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

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463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 5 of 8
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January 06, 2026 Contract No. - 3677329
Putnam Park
iv. Shearing of plants will occur only where previous practice has been to shear, or as directed. v. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

3.0 Arbor Care & Pruning
A. Skirting
i. Trees will be “skirted” as needed to allow for pedestrian and vehicle clearance. ii. Lower branches of trees will be removed when in conflict with the growth of plantings beneath.

B. Pruning
i. Pruning is limited to work that can be contained from the ground. ii. On trees that are over 12’, only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement. iii. Trees less than 12’ total height will be pruned to remove weak, dead, damaged, and diseased portions of the tree for natural growth development.
iv. Cuts will be flush and clean, leaving no stubs or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

C. Staking & Guying
i. Staked or guyed trees shall be monitored.
ii. Supports will be removed or loosened when appropriate to prevent girdling of the trunk and encourage root development for support.

4.0 Fertilization
A. Contractor will provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

B. Turf, shrub, and ground cover areas will be fertilized with specially formulated products including well balanced, slow-release fertilizers.

C. Fertilizer product will be selected based on plant type and season.

5.0 Environmental Weed & Pest Control Program
A. Handling
i. Contractor shall follow the requirements of the City's Integrated Pest Management Program which is attached and part of this agreement.
ii. All applications of herbicides or pesticides will be performed under the direction of a licensed pest control applicator and in accordance with the laws of the state. iii. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer’s labels.

B. Weeds
i. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable materials.

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707.829.8064 License # 1053238 Page 6 of 8
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ii. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by the use of selective herbicides, including pre-emergent herbicides.

C. Pests
i. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measures will be made. ii. Safety Data Sheets (SDS) for all chemicals used on site will be available from Contractor to clients in accordance with EPA and OSHA regulations. iii. Contractor will comply, at all times with requirements for hazardous communications programs. Pest control specialists are trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

6.0 Irrigation Equipment & Operation
A. Scheduling
i. Irrigation controllers will be scheduled to maximize existing system efficiency and will be set for night and/or early mornings unless instructed otherwise by Owner. ii. Controller programs will be adjusted as determined by weather and plant requirements and will be shut off during periods of rain.

B. Cleaning and Monitoring
i. Sprinklers will be cleaned and adjusted to provide the best coverage possible from your existing system.
ii. Each zone will be turned on and monitor for leaks or malfunctioning parts and adjusted for proper spray arc and maximum system efficiency.

C. Inspection and Repairs
i. Damage or vandalism caused by others shall be reported to owner promptly. ii. Repair and/or replacement of any damaged or malfunctioning components beyond Contractor control will be submitted as an extra.
iii. Damage caused to the irrigation system by Contractor shall be repaired immediately and at no charge.

7.0 General Conditions
A. Owner is responsible for all costs associated to water.

B. Contractor will provide uniformed staff supervised by fully trained Supervisors and Production Managers.

C. Mobile communications are in use during regular business hours and emergency after-hours communication is available.

D. Contractor provides all payment of wages, workers’ compensation insurance, social security LandCare
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tax, employment compensation tax, employer’s liability insurance, and all other requirements of federal, state, and local government.

E. Licenses and proof of insurance are available on request. California Contractor License: C27 License – 1053238 F. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor with the Owner.

G. Written, comprehensive inspection reports will be provided, upon request.

H. Organic debris collected by Contractor is removed from site and recycled and/or composted.

8.0 Work Performed at an Additional Fee
A. Any work not listed above is considered extra work which will be agreed upon by both parties in advance of work performed and billed separately.

B. Irrigation repairs and replacements, including but not limited to, irrigation mainlines, valves, controllers, wires, nozzles, lateral lines, and any work under hardscape, all of which will be repaired as an extra charge using time and material rates.

C. Trimming of trees over 12’ in total height.

D. Treatment for rodents, snails, diseases, or pests on lawns, trees & shrubs, except as specified, or requiring any overhead application.

E. Any unforeseen pest invasion requiring control above and beyond normal horticultural practices.

F. Parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup).

G. Aeration, scalping, or renovation of lawn areas.

H. Correcting pre-existing conditions such as dead or dying plant material requiring remedial work.

I. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God.

J. Materials such as mulch or annual or perennial color.

K. To the extent applicable, the parties agree that services listed on Addendum A shall be included as work under the Agreement.

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463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 8 of 8
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Addendum A

January 06, 2026 Contract No. - 3677338
Sunflower Park

LANDSCAPE MANAGEMENT AGREEMENT
THIS AGREEMENT is entered into January 6, 2026, by and between LandCare USA, LLC, located at 5151 Shoreham Pl. Suite 140, San Diego, CA 92122, hereafter referred to as the "Contractor", and City Of Cotati, the Owner or designated Owner's Representative, hereinafter referred to as “Owner”.

The parties wish to enter into an agreement to define the terms and conditions under which Contractor will provide landscape maintenance services to Owner.

The parties hereby agree as follows:
1) Services. The Contractor agrees to perform the landscape management services noted on the "Landscape Management Annual Schedule" in accordance with the “Specifications” both of which are attached to and incorporated into this Agreement, for the property of the Owner,located at Sunflower Park, East Cotati Avenue, Cotati, CA 94931, (hereinafter referred to as the "Property"). 2) Start Date. This Agreement shall commence on February 01, 2026, and end on January 31, 2027 and shall renew for one (1) additional year subject to price adjustments (paragraph 3.C. below) on the anniversary date of the Agreement unless terminated by either party by providing thirty (30) days written notice prior to the end of the then current term. 3) Consideration/Payment/Price Adjustments.

A. In consideration for the Contractor's performance for services described in the “Landscape Management Annual Schedule”, Owner agrees to pay Contractor a monthly amount of $1,750.00 which is equal to $21,000.00 annually, plus applicable sales tax, if any, as imposed by any governing agency at the rate then in effect.

B. Invoices will be sent on or about the 1st day of each month for current month's services and payment shall be due upon receipt. A late charge of 1.5% per month shall be charged on all amounts 30 days past due and a $20.00 fee will apply to any returned check.

C. Approximately sixty (60) days prior to each annual renewal, Contractor may send Owner notification of renewal and a price adjustment. If the Owner does not object in writing within 30 days of the date of the notification of price adjustment, then the renewal of this Agreement shall include the price adjustment. If the Owner objects to the notification of price adjustment in writing within 30 days of the date of notice then Contractor has the option to either (i) renew the Agreement without the price adjustment or (ii) terminate the Agreement. 4) Additional Services. Services performed and/or materials delivered, which are not specifically described herein, or changes in the size or physical condition of the Property will be deemed ‘Additional Services’. Additional services will be billed separately and all payments are due upon receipt. The performance of, and the payment for Additional Services are subject to all the terms and conditions of this Agreement.
5) Materials, Supplies, and Equipment. Contractor will furnish all materials, labor, supplies, and equipment necessary to perform the services specified.
6) Venue and Attorney’s Fees. This Agreement shall be governed by the laws of the State of California with venue in the same county where Contractor’s service location is based. In the event of suit or action commenced to enforce the terms of the Agreement, the prevailing party shall be entitled to reimbursement of its reasonable expenses, attorney's fees and costs, including appeals. 7) Minor Repairs. Contractor is authorized to perform up to $200.00 worth of repairs not covered by this Agreement without prior approval of Owner.

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707.829.8064 License # 1053238 Page 1 of 8
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Sunflower Park
8) Liability. Contractor is an independent contractor and the Owner assumes no liability for injury to the Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner,the Owner's agents, servants, or employees. It is further understood that the Contractor is not liable for any damage of any kind whatsoever that is not caused by the Contractor,its agents, or employees and Contractor shall not be responsible for any damages other than direct damages. This exclusion includes, without limitation, incidental, consequential, special and punitive damages. 9) Insurance. Contractor agrees to carry worker’s compensation, comprehensive general liability, and automobile insurance in an amount not less than $1,000,000 in the aggregate. 10) Notification of Deficient Work. If Owner believes Contractor is providing deficient work, Owner agrees to notify Contractor of deficiencies, in writing, within 10 days of said occurrence. If written notice is not received by Contractor within 10 days Owner knew or should have known of the deficiencies, Owner is deemed to have waived any and all claims to recover past payments and/or rights to withhold present or future payments due under this Agreement. Upon a notification of deficient work, Contractor agrees to rectify such deficiencies within 14 days to the extent commercially reasonable. If the Contractor corrects the deficiencies in accordance with the schedule, it shall not forfeit any amounts due under this Agreement.
11) Early Termination. Either party may terminate this Agreement by giving 30 days written notice to the other party. Contractor may also immediately cease performance or terminate this Agreement if Owner refuses or fails to pay Contractor according to the terms of this Agreement. 12) Assignment. Neither party may assign this Agreement without the other’s written consent and then only after thirty (30) days prior written notice. Should Owner assign this Agreement to a new Owner or entity, Contractor may require (i) approval of the credit worthiness of the new Owner and (ii) written assumption by the new Owner of all terms of this Agreement. Contractor may subcontract any portion of this Agreement to a qualified third party.
13) Notices. Notice to Contractor shall be sufficient if made or addressed to 463 Yolanda Ave. Santa Rosa, CA 95404 and to Owner at the principal place of business stated herein. 14) Complete Agreement. This Agreement constitutes the entire Agreement of the parties. Both parties have read this Agreement and fully understand its contents.

LANDCARE USA, LLC Owner
By: By:

Name: Kurtis Parsons Name:

Title: Account Manager Title:

Date: Date:

This Agreement is valid only if accepted and executed by the Customer and/or Property Owner within thirty (30) days of the date first submitted or, if later than thirty (30) days, revalidated by Contractor.

LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 2 of 8
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January 06, 2026 Contract No. - 3677338
Sunflower Park

LANDSCAPE MANAGEMENT ANNUAL SCHEDULE

SERVICES
Maintenance Visit
Irrigation Start Up
Irrigation Checks
Irrigation Winterization
Turf Application - March
Turf Application - June
Turf Application - Sept
Turf Application - December
SUBTOTAL $21,000.00
SALES TAX $0.00
TOTAL $21,000.00
LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 3 of 8
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January 06, 2026 Contract No. - 3677338
Sunflower Park

PAYMENT SCHEDULE

SCHEDULE PRICE SALES TAX TOTAL PRICE
February $1,750.00 $0.00 $1,750.00
March $1,750.00 $0.00 $1,750.00
April $1,750.00 $0.00 $1,750.00
May $1,750.00 $0.00 $1,750.00
June $1,750.00 $0.00 $1,750.00
July $1,750.00 $0.00 $1,750.00
August $1,750.00 $0.00 $1,750.00
September $1,750.00 $0.00 $1,750.00
October $1,750.00 $0.00 $1,750.00
November $1,750.00 $0.00 $1,750.00
December $1,750.00 $0.00 $1,750.00
January $1,750.00 $0.00 $1,750.00
$21,000.00 $0.00 $21,000.00
LandCare Branch Information
Account Manager: Kurtis Parsons
Email Address: [email protected]
Primary Phone:

Customer Information
Primary Contact: Craig Scott
Primary Phone: (707) 665-3620
Primary Email: [email protected]
Billing Contact: Craig Scott
Billing Phone: (707) 665-3620
Billing Email: [email protected]
LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 4 of 8
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January 06, 2026 Contract No. - 3677338
Sunflower Park

SPECIFICATIONS

1.0 Turf Management
A. Lawn Mowing
i. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.
ii. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.
iii. Mowing height for all irrigated lawn areas will be in accordance with best horticultural practices for a finished cut height (typically, for most species, no less than 1½” and no more than 2½”) unless otherwise requested. Turf will be cut at a uniform height.

Mowing equipment will be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

B. Edging & String Trimming
i. All sidewalks curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs road signs, guard posts, utility poles, and other obstacles.

C. Cleaning of Walks
i. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

2.0 Shrub & Bed Maintenance
A. Policing & Grooming
i. Landscaped areas will be patrolled throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.
ii. Planter beds will be groomed to promote an attractive and fresh appearance.

B. Edging & String Trimming
i. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis.

C. Pruning
i. Major pruning will be done following flowering or during plant’s dormant season. ii. Shrubbery and hedges will be pruned at established “maintenance” height. iii. Groundcover will be pruned as required to “contain” perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

LandCare
463 Yolanda Ave. Santa Rosa, CA 95404
707.829.8064 License # 1053238 Page 5 of 8
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January 06, 2026 Contract No. - 3677338
Sunflower Park
iv. Shearing of plants will occur only where previous practice has been to shear, or as directed. v. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

3.0 Arbor Care & Pruning
A. Skirting
i. Trees will be “skirted” as needed to allow for pedestrian and vehicle clearance. ii. Lower branches of trees will be removed when in conflict with the growth of plantings beneath.

B. Pruning
i. Pruning is limited to work that can be contained from the ground. ii. On trees that are over 12’, only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement. iii. Trees less than 12’ total height will be pruned to remove weak, dead, damaged, and diseased portions of the tree for natural growth development.
iv. Cuts will be flush and clean, leaving no stubs or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

C. Staking & Guying
i. Staked or guyed trees shall be monitored.
ii. Supports will be removed or loosened when appropriate to prevent girdling of the trunk and encourage root development for support.

4.0 Fertilization
A. Contractor will provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

B. Turf, shrub, and ground cover areas will be fertilized with specially formulated products including well balanced, slow-release fertilizers.

C. Fertilizer product will be selected based on plant type and season.

5.0 Environmental Weed & Pest Control Program
A. Handling
i. Contractor shall follow the requirements of the City's Integrated Pest Management Program which is attached and part of this agreement.
ii. All applications of herbicides or pesticides will be performed under the direction of a licensed pest control applicator and in accordance with the laws of the state. iii. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer’s labels.

B. Weeds
i. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable materials.

LandCare
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707.829.8064 License # 1053238 Page 6 of 8
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Sunflower Park
ii. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by the use of selective herbicides, including pre-emergent herbicides.

C. Pests
i. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measures will be made. ii. Safety Data Sheets (SDS) for all chemicals used on site will be available from Contractor to clients in accordance with EPA and OSHA regulations. iii. Contractor will comply, at all times with requirements for hazardous communications programs. Pest control specialists are trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

6.0 Irrigation Equipment & Operation
A. Scheduling
i. Irrigation controllers will be scheduled to maximize existing system efficiency and will be set for night and/or early mornings unless instructed otherwise by Owner. ii. Controller programs will be adjusted as determined by weather and plant requirements and will be shut off during periods of rain.

B. Cleaning and Monitoring
i. Sprinklers will be cleaned and adjusted to provide the best coverage possible from your existing system.
ii. Each zone will be turned on and monitor for leaks or malfunctioning parts and adjusted for proper spray arc and maximum system efficiency.

C. Inspection and Repairs
i. Damage or vandalism caused by others shall be reported to owner promptly. ii. Repair and/or replacement of any damaged or malfunctioning components beyond Contractor control will be submitted as an extra.
iii. Damage caused to the irrigation system by Contractor shall be repaired immediately and at no charge.

7.0 General Conditions
A. Owner is responsible for all costs associated to water.

B. Contractor will provide uniformed staff supervised by fully trained Supervisors and Production Managers.

C. Mobile communications are in use during regular business hours and emergency after-hours communication is available.

D. Contractor provides all payment of wages, workers’ compensation insurance, social security LandCare
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tax, employment compensation tax, employer’s liability insurance, and all other requirements of federal, state, and local government.

E. Licenses and proof of insurance are available on request. California Contractor License: C27 License – 1053238 F. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor with the Owner.

G. Written, comprehensive inspection reports will be provided, upon request.

H. Organic debris collected by Contractor is removed from site and recycled and/or composted.

8.0 Work Performed at an Additional Fee
A. Any work not listed above is considered extra work which will be agreed upon by both parties in advance of work performed and billed separately.

B. Irrigation repairs and replacements, including but not limited to, irrigation mainlines, valves, controllers, wires, nozzles, lateral lines, and any work under hardscape, all of which will be repaired as an extra charge using time and material rates.

C. Trimming of trees over 12’ in total height.

D. Treatment for rodents, snails, diseases, or pests on lawns, trees & shrubs, except as specified, or requiring any overhead application.

E. Any unforeseen pest invasion requiring control above and beyond normal horticultural practices.

F. Parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup).

G. Aeration, scalping, or renovation of lawn areas.

H. Correcting pre-existing conditions such as dead or dying plant material requiring remedial work.

I. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God.

J. Materials such as mulch or annual or perennial color.

K. To the extent applicable, the parties agree that services listed on Addendum A shall be included as work under the Agreement.

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Addendum A

Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION APPROVING

PRELIMINARY AND FINAL DESIGN REVIEW, VARIANCES,

AND A TREE REMOVAL PERMIT TO ALLOW

CONSTRUCTION OF TWO BUILDINGS CONTAINING A
TOTAL OF FIVE RESIDENTIAL UNITS AND 890 SQUARE
FEET OF COMMERCIAL RETAIL SPACE AT 8150 LA PLAZA

AND FINDING THE INFILL DEVELOPMENT PROJECT

CONSISTENT WITH THE COTATI GENERAL PLAN AND ITS

ENVIRONMENTAL IMPACT REPORT AND EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW UNDER CEQA
GUIDELINES SECTIONS 15183 AND 15332
(PA# 25-10 / APN 144-273-009)
Date: January 13, 2026
Written by: JP Harries, Senior Planner
Recommendation
It is recommended that the City Council hold a Public Hearing and adopt the accompanying Resolution, determining that the proposed project is consistent with the General Plan Environmental Impact Report and is exempt from further environmental review under CEQA Guidelines Section 15183 and 15332; and approving Preliminary and Final Design Review, variances, and a Tree Removal Permit to permit the development of two structures containing a total of five residential units and 890 square feet of commercial space at 8150 La Plaza.

Project Proposal
The applicant proposes to develop two new three-story buildings on a parcel currently occupied by a single live/work building (Building 1). One of the new buildings (Building 2) will be a mixed-use building fronting onto La Plaza, featuring two residential units, 890 square feet of commercial space, and three garaged parking spaces. The other building (Building 3) will be situated at the rear of the property and will include three residential units along with three garaged parking spaces. Additionally, six surface parking spaces will be provided in the central area of the property.
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Background
According to City records, the subject property was developed in 1910 with a one-story singlefamily dwelling. Since then, the dwelling was used intermittently for both commercial and residential purposes. The structure eventually fell into disrepair, and in 2019/2020, the city approved an addition that included repairing the structure and lifting it to accommodate a second story. Today, the existing structure functions as a live/work unit, with commercial retail on the first floor and a connected residence on the second floor.

Figure 1: Existing Condition
Planning Commission – November 17, 2025
The Planning Commission unanimously recommended approval of the project with conditions that the project be modified to primarily address the concerns of residents on Arthur Street. The resident concerns were related to the location and height of proposed residential Building 3 and the associated removal of a multi-trunk oak tree (approx. 30” diameter) that provides screening of the project and contributes to neighborhood character. Originally, the applicant proposed locating the building further to north and ten feet from the rear property line. After considering public comments, the Commission voted to recommend approval of the project with the following conditions:

1. Relocate Building 3 to the south in order to preserve the 30” multi-trunk oak tree and reverse the building layout to minimize impacts to parking.

2. Relocate Building 3 to the west so that a twenty-foot rear setback (instead of a 10-foot rear setback) is provided.
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3. Provide window opacity on the eastern elevation of Building 3 to preserve the privacy of the residents on Arthur Street.

In response to the Planning Commission’s recommendation, the Applicant has relocated Building 3 south to preserve the tree and increased the rear setback to twenty feet.

As further discussed below, the increased rear setback results in a loss of two proposed and required parking spaces (6 versus 8 surface lot spaces). The Applicant has indicated that they have modified the project to address the primary concerns of the neighbors by relocating the building to the south to preserve the tree, but the loss of parking from increasing the rear setback will have an adverse impact on his current and future tenants and requests that the City Council reconsider the requested 10-foot rear setback to increase parking. The attached plan set shows the project as conditioned by the Planning Commission and also includes an alternative site plan that relocates the building to preserve the tree but maintains a proposed ten-foot setback to provide the required parking.

Project Description
Project Location
The project site is a 0.34-acre (15,000 sq. ft.) parcel located on La Plaza across the street from the fire station. The site is relatively flat, consisting primarily of grass and scattered trees and is developed with a single Western Victorian styled live/work building.

As seen in Figure 2 below, the project site is bounded by La Plaza and the fire station to the west, commercial and city-owned vacant property to the south, and residential properties to the north and east.

Figure 2. Site Aerial
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Building Design
The proposed buildings are designed to have the same Western Victorian architectural style as the existing building. This style is one of the design options allowed within the Downtown Specific Plan (DSP) area and is also consistent with Cotati’s adopted objective design standards.

The buildings incorporate characteristics common to the Western Victorian style including rustic lapped and board-and-batten siding, wood trim, wooden columns that form an arcade with ground floor storefronts of wood construction, minimal ornamentation, second story porches, tall and narrow windows placed symmetrically across the front building elevation, and a gabled 6:12 roof.

The proposed mixed-use building (Building 2) will abut and slightly overhang the sidewalk and include 890 square feet of retail space and three garage parking spaces on the first floor. The building is designed to step up in height so that the front retail portion of the building will be two stories in height and it will rise to three stories approximately 37 feet back from sidewalk. The two residential units will be located on the second and third floors.

The residential building (Building 3) is proposed to be located toward the rear of the property.

The first floor of Building 3 will contain an accessible studio unit and three garage spaces. The second floor will contain the living and dining areas for the other two units and the third floor will contain two bedrooms for each unit.
[Staff Report continues on the following page]
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Figure 3. Front & Side Elevations of Building 2
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Figure 4. Front & Side Elevations of Building 3
As conditioned by the Planning Commission, the building layout will be the reverse of this image.
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Open Space
The project provides ample open space in the form of decks and patios. The DSP requires 150 square feet of open space per unit, which means that the project must provide at least 750 square feet of open space for the five residential units. As proposed, the project will provide a total of 1,600 square feet of open space.

Parking
As conditioned by the Planning Commission, the project will provide a total of 12 parking spaces, including two accessible spaces. Six spaces will be garaged spaces (three in Building 2 and three in Building 3) and six will be open surface lot spaces located in the central area of the property.

As originally proposed, the project complied with the applicable minimum parking requirements set forth in the DSP and Cotati Municipal Code (CMC) Chapter 17.36 (Parking and Loading), which requires the following:
• Zero to one bedroom: one parking space
• Two to three bedrooms: one and one-half parking spaces • Live/work Unit: one parking space
• Retail complex: three spaces per 1000 square feet of floor area In total (including the existing building) the site will contain one live/work unit, one studio unit, four two-bedroom units and 2,024 square feet of commercial space, which requires 14.07 parking spaces.

To provide the required 14 spaces the applicant proposed a 10-foot rear setback variance from the 20-foot standard. However, based on public comments, the Planning Commission determined that it was preferable to provide a variance from the parking standard instead of providing a variance from the rear setback standard. As a result, two of the eight proposed surface lot spaces were removed to achieve the greater setback. Additionally, one of the spaces will be seven to eight feet wide versus the standard nine-foot-wide space (i.e. a compact space).

Frontage Improvements
No new frontage improvements are proposed. When the live/work building was repaired and enlarged all La Plaza frontage improvements across the entire parcel were installed, including curb, gutter, sidewalk, and street trees.

Landscaping
The proposed landscaping surrounds the perimeter of property and is comprised entirely of lowwater plants (see Sheet 2 of Attachment A). To the extent feasible the existing onsite trees will be preserved except for a 48” diameter redwood tree and two oaks (~10” diameter). Tree removal and the required findings to approve the tree removal are further discussed below.

Analysis/Discussion
Recent changes to land use regulations adopted under SB 330 and AB 2011 limit a city’s ability to regulate the design of residential development to those standards deemed to be “objective”, which is defined as: clearly stated, easily understood and not open to interpretation. These ‘objective’ standards are separate from the need for a project to conform to the General Plan 76 of 387
goals and policies for the proposed use. Below is an analysis of the proposed project’s conformance with the requirements of the Cotati General Plan, DSP and applicable sections of the Cotati Municipal Code.

General Plan Conformity
The Project aligns with key General Plan policies promoting mixed-use development, infill growth, and affordable housing, including the following:
• Policy LU 1.4: Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map, and be subject to the ability to provide urban services, including paying for any needed extension of services.
• Policy LU 2.11: Continue to mix residential and commercial uses in appropriate areas, with an emphasis on providing mixed uses in the areas with Specific Plan land use designations. • Policy LU 3.2: Encourage infill development of vacant lots within existing commercial districts and the core downtown/business areas and prioritize such development. • Policy H-2.1: Ensure that adequate land designated for residential and/or mixed-use development is available to accommodate the City’s fair share of ABAG’s Regional Housing Needs Allocation (RHNA) and monitor on an annual basis to ensure continual compliance with State law.
• Policy H-2.2: Continue to require that residential development in the NU, NM, CG, and DSP zones meet the minimum density requirements identified in the Land Use Code, and report requests for reduced density on an annual basis.
• Policy H-2.7: Require housing developments to provide housing units at a range of affordability levels to assist in meeting the City’s housing needs as required by Chapter 17.31 of the Land Use Code.
• Policy H-2.11: Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.
• Policy H-3-2: Provide incentives for discretionary affordable housing development that address community priorities, including density bonuses, expedited processing, relaxation in development standards through the use of concessions and incentives, and either reduction, delay, or waiver of fees when financially feasible.
• Policy H-3-3: Continue to provide density bonuses to eligible projects as required by Government Code Section 65915, including projects that meet the minimum amount of total units affordable to extremely low-, very low- and low-income households or provide units restricted to occupancy for senior households.

Downtown Specific Plan Conformity - La Plaza District
A majority of the Cotati downtown area is subject to land use and design criteria as specified in the 2009 Downtown Specific Plan. The DSP outlines a vision for the future development pattern and design aesthetic, regulating all aspects of the built environment including the form, character and circulation network. The project site is included in the La Plaza District of the DSP that encompasses most properties surrounding La Plaza Park. Properties surrounding the park are intended to be two-to-three stories in height and provide a defining frame around La Plaza Park. The buildings can have a residential character provided the frontage types emphasize the commercial nature of the place and provide for small-scale ground floor retail/restaurant uses which are highly compatible with residential above. Below is a summary of the applicable 77 of 387
objective design standards outlined in the DSP, along with a link to Chapter 3 of the DSP where more details on these design criteria can be found. https://www.cotaticity.gov/DocumentCenter/View/259/Chapter-3---Implementation-PDF Maximum Density
• 19 units per acre
Setbacks
• Front Setback: 0’ minimum to 8’ max Figure 5. Images from the DSP • Street Side Setback: 0' minimum to
12’ max
• Side Setback: 0' minimum to 10' max
• Rear Setback: 20' minimum
Parking
• Residential: 1 to 2 spaces depending
on number of bedrooms
• Non-Residential: 3 spaces/1000
square feet
• Access permitted only from alleys or
sidestreets
Maximum Height
• 35 feet with an allowance for
architectural features
Open Space
• 150 square feet per unit. May placed
within a courtyard and include patios
and decks.

Building Profile and Frontage Types
• Architectural Types Allowed:

Commercial Block, Courtyard, PlexHousing, or Rowhouse
• Frontage Types Allowed: Arcade,
Gallery Shopfront, Forecourt, Stoop
or Front yard/Porch
Staff finds that the project proposes a Western Victorian commercial-block building incorporating a shop-front frontage design built adjacent to a wide sidewalk, which implements the DSP’s vision for park side development in the La Plaza District, as pictured above.

Within the La Plaza District mixed-use projects must provide 19 units/acre. As such, the project must provide between six and seven units on the 15,000 square-foot (0.34 acre) site. As proposed, 78 of 387
the project will provide a total of six residential units including the existing live/work unit.

As noted above, to achieve the required density and parking requirements certain variances from some DSP standards were requested due to the shape and location of the site. This included a reduction in the rear setback (from 20 feet to 10 feet), an increase in height above the 35-foot maximum (proposed: 36’-0” and 37’-4”), and vehicular access from a primary street (La Plaza) versus an alley or side street. These variance requests are discussed further below.

Cotati Municipal Code (CMC)
Development criteria within the DSP are implemented as identified in the DSP, except for certain elements not included under the DSP standards but addressed in CMC Chapter 17.39 Objective Design Standards (ODS). For the La Plaza District, these areas primarily include neighborhood compatibility and site design. Design standards objectively enumerated in the DSP take precedence over those in the zoning code given that the DSP is a Specific Plan, which has a land use authority above the zoning code, similar to that of the General Plan.

Neighborhood Compatibility-The project design must incorporate these identified elements of the ODS to ensure new multi-family housing fits into the existing development patterns of the community. These standards include:
• Entries and windows shall be oriented to the street
• Parking shall be located behind street-facing buildings • 75-percent of a building frontage adjacent to a street shall be occupied by habitable space and windows
• Any third-story portion of a building shall be set back 30 feet from adjacent properties in lower density zones developed with single-family residences.

Chapter 17.39 also identifies many objective design standards that address building design elements, massing and articulation, usable open space and amenities, outdoor lighting, site design, and accessory elements.

The project, as proposed, complies with all Chapter 17.39 ODS except for a standard that requires the third-story portion of a building to be setback 30 feet from the property line in certain situations. This is a requested variance discussed further below.

Design Review Findings (CMC Chapter 17.62)

1. Complies with Cotati Municipal Code Section 17.62.040 (Design Review);

2. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;

3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

4. Provides efficient, safe, and visually attractive public access, circulation and parking; 79 of 387

5. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;

6. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;

7. Is consistent with the general plan and applicable specific plans; and

8. Complies with any applicable city design guidelines, design standards, and/or design review policies.

Staff Response - The proposed Project, as conditioned, complies with the General Plan and provisions of CMC Section 17.62.040 (Design Review). The Project application provides the required information to approve Preliminary and Final Design Review. As proposed, and conditioned, the Project addresses and conforms with the City’s General Plan and Land Use Code provisions for site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, and the use of utilities, except where certain variances are requested.

The architectural design for the Project’s buildings incorporates contemporary Western Victorian style elements including rustic lapped and board-and-batten siding, wood trim, wooden columns that form an arcade with ground floor storefronts of wood construction, minimal ornamentation, second story porches, tall and narrow windows placed symmetrically across the front building elevation, and gabled roofs. The rectangular building form is articulated with recessed and projected building frontages, varying roof lines, vented gables, and porches.

The Project will have access from La Plaza, which is the only potential vehicular access point because there no other alleys or side streets that abut the property. To the extent feasible all parking will be located behind structures and only visible from the entrance driveway.

The Landscape Site Plan proposes a mix of low-water usage trees, shrubs, and groundcover.

Trees and other landscaping are proposed along the perimeter of the Project site and between buildings. To the extent feasible, onsite trees are preserved including two prominent oak trees near the front of the property and two multi-trunk oaks at the rear northeast corner.

The Project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Rancho Adobe Fire Protection District, and relevant outside agencies.

No issues have been identified that would prevent the Project’s development or the provision of services to the residents.

Variance Findings (CMC Section 17.62.060)

1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this land use code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district; and
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2. The approval of the variance or administrative variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

3. The variance or administrative variance is consistent with the general plan, and any applicable specific plan.

Staff Response –As proposed, the project requires variances from standards, including: 1) a reduction in required parking (or a reduction in the rear setback (from 20 feet to 10 feet) defined by the DSP); 2) relief from the standard requiring a 30-foot setback for third stories defined by Chapter

17. 39 Objective Design Standards; 3) an increase in height above the 35-foot maximum (proposed:
36’-0” and 37’-4”); and 4) vehicular access from a primary street (La Plaza) versus an alley or side street.

The project is well designed to be compliant with the DSP’s vision for the area, and importantly, provides the required residential density. To achieve this, the project requires variances from competing development standards in order to comply with the overarching development standards and goals and receive the same privileges as other properties within the same district.

Reduced Parking or Reduced Rear Setback
Rear setbacks within the DSP range from ten feet to twenty feet. Within the La Plaza District the DSP establishes a 20-foot rear setback. The primary reason for the larger rear setback in the La Plaza District is because all vehicular access is to be from side streets and alleys with parking located at the rear of the property within the rear setback. As noted above, this site cannot be accessed via an alley or side street which limits where parking and buildings can be placed. To provide the required parking the applicant proposed to locate Building 3 ten feet from the rear property line. The Planning Commission recommends that the project adhere to the 20-foot rear setback standard to mitigate the concerns of the residents on Arthur Street and instead provide a variance from the parking standard and allow twelve spaces instead of the required fourteen spaces.

Third-Story Setback
CMC Chapter 17.39 ODS states that any third-story portion of a building shall be setback 30 feet from adjacent properties in lower density zones developed with single-family residences.

Building 3 is proposed to be three stories and located only 10 feet from the rear property line.

The adjacent properties on Arthur Street are in the MN zoning district. The NM zoning district is applied to areas appropriate for small-lot subdivisions and multifamily development and has a maximum density of 10 units per acre, which is a lower density than the La Plaza District. One of the properties is currently developed with a single-family home; however, the residence will be over 90 feet from Building 3 and development of a single-family home on the Arthur Street lot would not be permitted today due to density requirements.

Strict adherence to the 30-foot setback standard would eliminate at least four proposed surface parking spaces.
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Reducing Building 3 to two stories results in the elimination of three garage parking spaces and the accessible studio unit, which would cause the density to be too low – a violation of state law.

Government Code Section 65863, otherwise known as the “No Net Loss Law” prevents cities from approving residential development projects at densities lower than the minimum required to comply with their Regional Housing Needs Allocation (RHNA). This law requires local governments to ensure that zoning and approvals maintain enough capacity for the housing units outlined in their state-approved Housing Element. If approving a project would reduce the sites' capacity then the City would need to identify and upzone an additional site(s) within 180 days.

Building Height
The height limit within the La Plaza District is 35 feet, but up to eight feet of additional height may be allowed for architectural features.

Building 2 is proposed to be 37’-4” in height and Building 3 is proposed to be 36 feet in height.

The buildings’ heights are driven by the desire to meet density and parking requirements.

Building 2 also provides a higher first floor ceiling height to accommodate the first-floor commercial use. Building 2 is designed to step back so that the portion abutting the La Plaza sidewalk will be only two stories with the rear portion of the building rising to three stories.

The extra height is nominal and allows for three story structures that also match the architecture and design of the existing live/work unit (Building 1). The heights could be reduced to 35 feet by reducing the slope of the roof, but this would adversely affect the design and compatibility with Building 1. The proposed 6:12 roof pitch is typical of Western Victorian design, which is normally between 6:12 and 7:12, and is considered an architectural feature.

Vehicular Access
A variance to take access from La Plaza instead of an alley or side street should be granted because there is no alternative alley or side street abutting the property that can provide access, nor can one be reasonably constructed without adversely impacting neighboring developed properties. Strict adherence to this standard would prevent the property owner from developing the property. The project has been designed to minimize the impact of taking access from La Plaza by preserving prominent frontage trees, providing a cohesive shopfront design, and minimizing the access driveway width to the extent permitted by the fire department.

Tree Removal Findings (CMC Chapter 17.54)

1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter;

2. Measures have been incorporated into the Project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this chapter;

3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;
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4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and

5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.

Staff Response – To provide adequate density and parking a majority of the site will be covered by structures and asphalt, which is typical of dense downtown developments. The trees that exist on the site primarily consist of six oaks along the northern property line and a single 48” diameter redwood tree located in the front central area of the property. Five of the six oaks will be preserved, but one 10” oak located along the northern property line will likely not survive construction and will need to be removed. The redwood tree was originally proposed to remain, but will need to be removed to accommodate fire apparatus access. The tree’s health also appears to be declining and will likely require removal in the near future. Another 30” oak was proposed to be removed, but the project has been modified to preserve the tree following the Planning Commission’s recommendation.

Per the replacement criteria set forth in CMC Section 17.54.050, five trees are required to be planted to mitigate the loss of the 10” oak and six trees are required to mitigate the loss of the 48” redwood tree. Seven trees have been integrated into the landscape plan which means that the applicant will need to plant an additional four trees on site or at another location or pay an in-lieu mitigation fee for four trees equal to $524.

The trees proposed for removal do not act as privacy buffer, provide wind screening, or affect on-site drainage, erosion, or land stability, and there are no expected adverse impacts resulting from their removal.

The Project is conditioned to protect nesting birds. If construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.

Financial Considerations
The proposed project is not anticipated to create an adverse fiscal impact on the City of Cotati.

All costs for staff and consultant time and expenses related to project review, permitting, and inspection will be fully covered by the project applicant. The applicant is also required to pay all applicable development impact fees. The development will increase the property’s value, resulting in higher property tax revenue for the City. Additionally, the property will be annexed 83 of 387
into the City’s Community Facility District, which imposes a special tax on parcels to fund public services, including: 1) maintenance of facilities, equipment, and vehicles; 2) police protection services; 3) maintenance and lighting of streets, roads, parks, parkways, and open space; 4) flood and stormwater protection services; and 5) salaries and benefits for staff directly providing these services.

Environmental Issues
The Project has been reviewed in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines.

Pursuant to CEQA Guidelines Section 15183, the project may tier from the program level analysis prepared for the City of Cotati Downtown Specific Plan (DSP) and its Environmental Impact Report (EIR) and the City of Cotati General Plan and its EIR. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan Environmental Impact Report (EIR) (SCH No. 2013082037) that may apply to the subject project are identified and included as conditions of approval.

The project is also consistent (pursuant to CEQA Guidelines Section 15168) with two program level EIRs (City of Cotati General Plan and DSP), which anticipated development of this sight in the form presented. Additionally, the project qualifies for an exemption in accordance with Public Resources Code 65457(a), which exempts residential projects from additional CEQA review if they are consistent with an approved specific plan. Furthermore, the proposed Project is an urban infill development project meeting the provision of Categorical Exemption Class 32, as set forth in CEQA Guidelines Section 15332.
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8150 La Plaza
Variance Findings
The project applicant has requested a variance to reduce the rear setback from the required 20 feet (per the Downtown Specific Plan) to 10 feet.

After considering public comments received at its November 17, 2025, meeting, the Planning Commission recommends that the City Council deny the requested rear setback variance and instead require the project to maintain the full 20-foot rear setback, which would result in a loss of two proposed and required parking spaces.

Therefore, the Commission recommends that the City Council instead approve a variance to the parking requirement, allowing a total of 12 parking spaces on the site in lieu of the 14 spaces otherwise required.

The applicant continues to request a variance for a reduced rear setback of 10 feet (instead of the required 20 feet) while providing the full 14 parking spaces required by the Downtown Specific Plan.

The City Council may choose to:
• Follow the Planning Commission’s recommendation (deny the setback variance and approve a parking variance for only 12 spaces),
• Approve the applicant’s original request (grant the 10-foot setback variance and require the full 14 parking spaces), or
• Deny both requested variances.

The draft language below includes the necessary findings that will be incorporated into the Resolution if the City Council decides to grant a variance for either the reduced setback or the reduced parking requirement.

Reduced Rear Setback
Rear setbacks within the DSP range from ten feet to twenty feet. Within the La Plaza District the DSP establishes a 20-foot rear setback. The primary reason for the larger rear setback in the La Plaza District is because all vehicular access is to be from side streets and alleys with parking located at the rear of the property within the rear setback. The site cannot be accessed via an ally or side street which limits where parking and buildings can be placed. A variance for a reduced 10-foot setback is granted because the site’s location and surroundings prevent strict adherence to competing density, parking, and setback standards without forcing the applicant to 85 of 387
significantly reduce or limit the size of the units (ex. only studio units) and thus deprive the applicant of privileges enjoyed by others in the same district.

Reduced Parking
Rear setbacks within the DSP range from ten feet to twenty feet. Within the La Plaza District the DSP establishes a 20-foot rear setback. The primary reason for the larger rear setback in the La Plaza District is because all vehicular access is to be from side streets and alleys with parking located at the rear of the property within the rear setback. The site cannot be accessed via an ally or side street which limits where parking and buildings can be placed. A variance to allow a reduction in required parking from 14 spaces to 12 spaces (including one compact space) is granted because the site’s location and surroundings prevent strict adherence to competing density, parking, and setback standards without forcing the applicant to significantly reduce or limit the size of the units (ex. only studio units) and thus deprive the applicant of privileges enjoyed by others in the same district.
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La Plaza Village
Comments to Planning Commission
11/17/2025
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8171 Arthur St.

Cotati, CA 94931
Nov. 16, 2025
Dear Planning Commissioners,
If we look at this plan as a puzzle that needs to have all of it pieces to be complete then this plan is missing some pieces.

I am a piece of the puzzle which has been lost in this plan. My family is a piece of the puzzle that has been lost. My home is a piece of the puzzle that has been lost in this plan. My neighborhood is a piece that has been lost in this plan.

The plan is a rendition of one personís vision that needs certain approvals to go forward. It needs to have 2 setback variances, 1 height variance, 1 access variance and 3 tree removals all of which affect negatively affect me, my family and the property that I have called my home since 1987.

I would ask that the planning commission deny the following: the 10 foot rear setback together with the removal of the 30 ft Oak located directly behind my property see attached photo.

If this is not possible then I would further request that they deny both the 10 foot rear setback and decrease the height of Building 3 to 2 stories so that the 30 foot setback is not an issue.

My home was brought to the property in 1952 and was 2 houses recycled into 1 totaling about 900 square feet. It is not a big house but is quite adequate for the needs of my family. The backyard has several garden plots where various vegetables are grown and shared with friends and neighbors.

There is historical value in not overburdening the land and once upon a time this was the norm. It is a memorial to a historical moment when people lived in small rooms and treasured a large yard. We find peace in our quiet time in the garden watching the seasons change and the birds searching for food. Keeping the privacy and peace, we find in the yard is of value to the community and the food grown helps feed both our bodies and souls. This tiny parcel may be out of sync with current trends but is a jewel worth preserving.

This information was received after the agenda was
posted and is made available to the public pursuant to
California Gov’t. Code Section 54957.5(c)
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There are several places in the report which do not give the complete picture which I would like to focus on in support of my requests to either deny the 10 foot rear setback together with the cutting down of the one Oak located in the center rear of the property or deny both the 10 foot rear setback and decrease the height of Building 3 to 2 stories so that the 30 foot setback for the 3rd story is not an issue.

On Page 17 of 63
1) ìReduced Setback
Rear setbacks within the DSP range from ten feet to twenty feet. Within the La Plaza District the DSP establishes a 20-foot rear setback. The primary reason for the larger rear setback in the La Plaza District is because all vehicular access is to be from side streets and alleys with parking located at the rear of the property within the rear setback. As noted above, this site cannot be accessed via an alley or side street which limits where parking and buildings can be placed. Building 3 is proposed to be located 10 feet from the rear property line. If Building 3 is located 20 feet from the rear property line then four surface parking spaces will be lost, which conflicts with the parking standards and will have an adverse impact on the future businesses and residents.î
The plan can remedy the loss of the 4 surface parking spaces with some of the 850 square feet of excess open space that are included in this plan or they could decrease the footprint of Building 3.

The limitations of where buildings could be placed could be remedied by reducing the footprint of the buildings.

I alone should not have to bear the burden of this plan asking for a smaller rear setback than the 20 feet that is required by the DSP.

The DSP specifies that the rear setback be 20 feet for the La Plaza District.

I would like to know which of the parcels in the La Plaza District of the DSP have rear setbacks that are 1) less than twenty feet and 2) were approved after the adoption of the DSP.
2) ìOne of the properties is currently developed with a single-family home; however, the residence will be over 90 feet from Building 3 and development of a singlefamily home on the Arthur Street lot would not be permitted today due to density requirements. ì
This also seems to imply that I am somehow at fault because my parcel has less density than is now required. My home has existed on this land since 1952 This information was received after the agenda was
posted and is made available to the public pursuant to
California Gov’t. Code Section 54957.5(c)
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before the current NM zoning on the Westside of Arthur Street. On the Westside of Arthur St. there are only 3 buildings that would fulfill the current density requirements but there are 6 single family homes including mine. I would request that the 20 foot required rear setback be adhered to minimize the intrusion into my life of this plan.

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3) Stating that ìStrict adherence to the 30-foot setback standard would eliminate all eight proposed and existing surface parking spaces including the accessible spaces, which would violate the American with Disabilities Act.î 4) ìReducing Building 3 to two stories results in the elimination of three garage parking spaces and the accessible studio unit, which would cause the density to be too lowî
Both of these statements are true and the remedy would require a reworking of the plan. This is not an onerous request given that the requirements existed before the plan and were not hidden. They should have been incorporated into the overall design from the start.

I have several ideas of how these problems might be satisfied. For density on Building 3, make it 2 stories - lose the parking garages and make them into a studio or 1 bedroom unit. With this plan, only 2 parking spaces are lost and the need for the 30 foot setback for the 3rd story is eliminated. The additional parking places could come from the extra 850 square feet of open space in the plan. The second story would be a 2 bedroom apartment. Thus, there would still be 3 living spaces for the density.

Another idea might be to have the 3-story building in the front and the smaller building in the back.

The footprint of the buildings could have been smaller- I will point out that all of these 2 bedroom apartments are bigger than my 3 bedroom single family home.

The rules for the setbacks have been put in place for good reasons and granting a variance should be a last resort because once granted it sets a precedent for all development that follows. The city should be seeking an equitable solution which places equal importance and urgency on all partiesí needs and interests.
5) ìThe approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter; ì
6) ìAdequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removalî
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7) ìThe trees proposed for removal do not act as privacy buffer, provide wind screening, or affect on-site drainage, erosion, or land stability, and there are no expected adverse impacts resulting from its removal.î
These statement all have to do with the removal of 3 trees on the site. One of these is a 30 foot Oak tree which is directly in back of my property. It does provide a privacy buffer and screening and would continue to do that if left in place. The planting of 6 much smaller trees would do little to provide the buffer and screening we have from the 30 foot Oak. Please see the photo attached of the 30 foot Oak in question.

The intrusion of 12 windows, 3 doors and 2 balconies overlooking my yard will not be mitigated by the 6 smaller trees that are planned.

My privacy and the quiet enjoyment of my property will all be affected by the monolith construction and building. The proposed screening will do little to help within the next 10 years. At 72 I suspect I will not see any benefit from these trees that are intended to mitigate the negative impact of this plan.

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8) ìThe project is well designed to be compliant with the DSPís vision for the area, provides the required density and parking, and requires variances to comply with the overarching development standards and receive the same privileges as other properties within the same district.

I would like more specifics on which properties this is referring to that are in the La Plaza District?
Finally, as I now am disabled and have mobility issues my home and the adjoining yard have become my world and since I am limited in my access to the wider world, I need to have this little corner to be as good as it can be.

This little piece of the puzzle thanks you for your all consideration.

Sincerely,
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Linell Hardy
Please note: The attached photo shows the 30 foot Oak that is to be removed. The fence is 7 feet high and the Building in the Photo is the existing 2 story building on the project site.

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Dear Planning Commissioners,
I am writing to communicate some issues I found in the Cotati Planning Commission Meeting Packet report for the proposed project at 8150 La Plaza. In the report, there are three requests for variances: one request pertains to setbacks; another request pertains to building height; and another pertains to access. I would like to address the request for a variance for a 10ft set back for building 3 of the proposed project at 8150 La Plaza.

The minimum setback for the La Plaza District is 20’ and according to the diagram titled (Parking Placement Plan) it states “alley where occurs” (DSP, Ch. 3, pg. 3) which implies the possibility of cases where there are no alleys but it does not negate the need for the 20’ setback. The space provided by the 20’ setback acts as a mitigation measure for the frequency and intensity of any noise or intrusions generated from the neighboring property. The language in finding three which states, “Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs etc…” (Cotati Planning Commission Meeting Packet report,pg. 15), is particularly problematic because it completely ignores the adverse impact a reduction from a 20’ to a 10’ will have on the setback’s capacity to mitigate effectively any and all intrusion and noise caused by the neighboring property.

Moreover, although it is true the 20’ setback laid out in the DSP serves a purpose of providing vehicular access where cars would access parking at the rear of structure from a side or alley street; it also serves another equally legitimate purpose-acting as a mitigation measure. Both purposes are important and deserve equal consideration in order to make a determination of compliance. Therefore, reducing the 20’ setback, would undermine the purpose of the 20’ setback’s mitigation capacity and undoubtedly intensify frequency and intensity of potential noise generated from neighboring property which is in direct conflict of finding number 3, in particular the part pertain to setbacks (Cotati Planning Commission Meeting Packet report,pg. 15).

The setbacks were established for a legitimate reason: to mitigate the frequency and intensity of any noise or intrusions generated from the neighboring properties. If consideration to reduce the setbacks is made, there should be an equally good reason to make a change which reduces the setback. Providing the reason that not making a change to the setback rule will interfere with plans the owner of 8150 property has made falls way short of a good reason to change setback rules laid out int the DSP. The Downtown Specific Plan established a 20ft setback for the La Plaza district and should be adhered to in order to maintain the integrity of the DSP.

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Thank you,
Reg Colbert
8171 Arthur St.

Cotati, CA 94931
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Cotati Planning Commission Nov 17, 2025 Item 8.A Pg 1
Re Item 8.A Mixed use at 8150 La Plaza
Nov 17,2025 Cotati Planning Commission
To: Chair Gilardi, Vice-chair Moffet and commissioners Berman, Long and Sparks From: Neil Hancock, Cotati
I would like to advocate that the
1) Rear Setback Variance of 10ft be disallowed, or encouraged to be closer to the DSP LaPlaza at 20’ for 2 story or 30’ for 3 story, for back neighbor screening. 2) The back Oak Tree with TWO trunks each measured at 44” circumference (diameter 12”) be kept for privacy and new building massing screen.

OR possibly one trunk be pruned, and the furthest back trunk be kept for screening of new building mass This oak is barely discernable on the “Grading and Drainage Plan” PdfPg 39.

The back two trunks, is marked on the Site Plan PdfPg21 as a ‘ 10” ⌀ OAK ’ , looks to be incorrectly sized.

It would provide privacy screening and relief for the large massing of the proposed new building, and a deeper rear setback be a better outdoor patio space for ground floor apartments.

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Cotati Planning Commission Nov 17, 2025 Item 8.A Pg 2
The picture of the Oak
Tree side view from back
fence is
A close up, shows two trunks
each circumference of 44” (12”
Diameter)
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Cotati Planning Commission Nov 17, 2025 Item 8.A Pg 3
Pdg Pg 29 Grading and Drainage Plan – position of Two Stemmed Oak Tree barely visible.

The units size are not stated in the plan, its typical that these can be varied to the footprint of the property.

Many thanks
Neil Hancock, Arthur Street neighbor to Arthur Street property behind 8150 La Plaza.

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1 Carla Duncan
From: Jenny Blaker
Sent: Sunday, November 16, 2025 4:50 PM
To: John Savage; Ed Gilardi; Kimberlyn Moffet; Shelley Berman; Ryan Long Cc: Carla Duncan
Subject: Design Review: 8150 La Plaza, request for variances & tree removal Attachments: 8150 La Plaza from front.jpg; KnifeShop-rear-and rear oak.jpg; KnifeShope-rear-and oak.jpg
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RE: Design Review: 8150 La Plaza, Request for Variances and Tree Removal Dear Planning Commissioners
I’m concerned about the impact of the proposed project at 8150 La Plaza and its impacts on the immediate neighbors and on the older neighborhood to which it is adjacent.

My concerns are mainly about the requests for variances for the rear setback and building height, and the request for tree removal permits.

REAR SETBACK & HEIGHT
The proposed three-story buildings will dwarf all other buildings in the neighborhood. I am not aware of any other three-story buildings anywhere in the Cotati Hub.

Much attention has been paid to the front of the building facing La Plaza, but very little to the rear of Building 3, its height, its proximity to the neighbors, or its intrusion onto existing neighbors’ privacy. The neighbors would be impacted by the proximity of Building 3, its height, and the loss of a privacy screen if the oak trees at the rear of the property are removed.

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portion of a building shall be set back 30 feet from adjacent properties in lower density zones developed with single-family residences.”
The project has requested three variances: (1) a reduction in the rear setback (from 20 feet to 10 feet), AND (2) an increase in height above 35 feet, AND (3) a reduction in the 30-foot setback required for a three-story building.

All of these would have impacts on the immediate neighbors and on the character of the existing older neighborhood.

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not be permitted today due to density requirements.”
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2 However, there are six single-family residences along this side of Arthur St., not just one as implied in the staff report. The question is how to make the proposed project compatible with the existing older neighborhood which was built long before these requirements were created.

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fits into the existing development patterns of the community.” This raises a question about how best to integrate new buildings and new requirements with an immediately adjacent historical neighborhood with existing homes, considering the well-being of existing neighbors and honoring an older part of the City, as well as meeting new requirements due to the increased need for affordable housing and housing density. The variances requested would set a precedent which would override the requirements in the DSP.

To solve the problem and avoid setting a precedent, the height of the buildings should be set at a maximum of 35 feet with a minimum 20 foot setback.

Given that the density requirements are based on number of units, not on size, possible solutions could include reducing the size of the 2-bedroom units, and/or reducing the square footage of decks and patios (as the plans provide 850 more sq ft than required), and/or using some of the covered garage space for living units.

To minimize impacts on neighbors, perhaps some of the rear-facing windows could be replaced by skylights to allow in natural light without intruding on the neighbors’ privacy.

TREES
Some of the information about the oak trees on the site appears to be missing or incomplete and underplays their significance, location, size and function. The staff report states that “The trees proposed for removal do not act as privacy buffer, provide wind screening, or affect on-site drainage, erosion, or land stability, and there are no expected adverse impacts resulting from its removal.” However, the oaks towards the rear of the property are in fact an important visual and privacy buffer, as shown by the three photos attached, taken from both the front and the rear of the property. They are probably at least 30-40 feet in height and at least 30-40 years old. The tree at the rear of the property actually has two 12” trunks, not one 10” trunk. The neighbors would certainly be negatively impacted by the removal of these trees, which provide a buffer, shade, habitat, and visual appeal. It would take decades for any newly planted trees to replace them or mitigate for their loss in any significant way.

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diameter redwood tree and two oaks (~10” diameter).”

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but two will be removed, with 10 trees planted to mitigate for the loss of two 10” oaks.

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landscape legend show trees to be removed. Page 39/63: The Grading Plan doesn’t show the oak tree at the rear at all, but labels the two trees to the side “Ex Tree to be removed”. These plans appear to be inconsistent with one another and with reality.

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3 If the minimum rear 20 ft setback requirement was met, this would protect the tree that has two 12” trunks and which provides a considerable screening buffer.

Two other questions:
 How would lighting impacts on neighbors be minimized?  Page 13/63: How does this project meet Policy H-3-3 regarding providing low- or very- low income housing? It clearly wouldn’t provide units targeted to service senior households.

I hope you will reject the request for variances and ensure that the oak trees at the rear of the property are protected.

Thank you for your time and consideration.

Jenny Blaker
8166 Arthur St., Cotati.

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This information was received after the agenda was
posted and is made available to the public pursuant to California Gov’t. Code Section 54957.5(c) This information was received after the agenda was
posted and is made available to the public pursuant to California Gov’t. Code Section 54957.5(c) This information was received after the agenda was
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From: William Parrett <[email protected]>
Sent: Monday, November 17, 2025 5:56 PM
To: Carla Duncan; Jon-Paul Harries
Subject: Comments Regarding Proposed 8150 La Plaza Project CAUTION:EXTERNAL SENDER
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Cotati City Planning Commission,
I am the immediate neighbor to the proposed project at 8150 La Plaza, and after reviewing the submitted plans, I would like to share several concerns regarding its potential impact on my property.

1. Privacy and Enjoyment of Property
Our home has a small enclosed backyard that currently provides privacy and quiet enjoyment. The proposed buildings would introduce approximately twelve windows and two balconies facing directly into our yard, well above the existing fence line and visible from multiple units. In addition, the height of the rear building—particularly the third story of Building #2—would overlook our property from only about a 4-foot southern setback. This significantly compromises our privacy. I would ask the Commission to consider a larger setback for Building #2 and potential privacy treatments to mitigate sightlines for windows and balconies facing adjacent residential properties, or the removal of those windows.

2. Loss of Sunlight
The height and proximity of Building #2 would almost certainly reduce or eliminate the natural sunlight that currently reaches our backyard and the southwest-facing windows of our home, which sit only about 15 feet from the proposed structure. We maintain a small vegetable garden that depends on this sunlight, and its loss would materially affect our use of the space.

3. Removal of Mature Trees
The proposed removal of the 30+-foot oak tree behind our house would eliminate an important natural privacy screen between our property and the new development. Additionally, there is an existing live oak tree at the center of the northwest property line—appearing to straddle both parcels—that would almost certainly need to be removed to accommodate Building #2’s 4-foot setback, though it is not identified in the plans. This tree also currently provides meaningful privacy and visual buffering. I would like the Commission to address the removal of the live oak tree on the northwest property line, and if the removal of trees is unavoidable to consider requiring privacy screening along the property line to replace the natural buffer.

4. Drainage Concerns
Our flat lots already experience water pooling during heavy rain. The additional hardscaping, roofing, and redirected gutter flows from the project raise concerns about increased runoff onto our property. I would like to ensure that drainage is adequately engineered to divert water toward the front of the proposed site rather than toward neighboring parcels.

Thank you for considering these concerns as you evaluate the project. I appreciate your attention to the impacts this development may have on surrounding residents.

Sincerely,
Willie Parrett
8140 La Plaza
City of Cotati emails and website have changed from .org to .gov. Please update the email address in your contacts accordingly. Under the Public Records Act (California Government Code §7920.000-7931.000), e-mail messages of local agencies are public records which are subject to disclosure to the public or may be subpoenaed. 125 of 387
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

PRELIMINARY AND FINAL DESIGN REVIEW, VARIANCES, AND A TREE

REMOVAL PERMIT TO ALLOW CONSTRUCTION OF TWO BUILDINGS
CONTAINING A TOTAL OF FIVE RESIDENTIAL UNITS AND 890 SQUARE FEET OF COMMERCIAL RETAIL SPACE AT 8150 LA PLAZA AND FINDING THE INFILL

DEVELOPMENT PROJECT CONSISTENT WITH THE COTATI GENERAL PLAN

AND ITS ENVIRONMENTAL IMPACT REPORT AND EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER CEQA GUIDELINES SECTIONS 15183 AND 15332
(PA# 25-10 / APN 144-273-009)
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 implementation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on March 28, 2023, the City Council adopted an addendum to the City of Cotati General Plan EIR (“Addendum”) and approved the City of Cotati 2023-2031 Housing Element Update (“Housing Element”); and
WHEREAS, on May 30, 2025, the applicant submitted an application for Design Review approval of a mixed-use project consisting of two buildings that will contain a total of five residential units and 890 square feet of retail commercial space at 8150 La Plaza; and WHEREAS, on November 17, 2025, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed Project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action, and voted to recommend City Council approval of the Project with conditions to modify the Project to preserve a multi-trunk oak tree and reduce the visual impacts to residents on Arthur street; and WHEREAS, Public Hearing Notices of the January 13, 2026, City Council hearing for consideration of the Project were sent to all neighboring property owners within a 500-foot radius of the Project site, and all parties having requested notice, and were published in a newspaper of general circulation in the City in accordance with law; and WHEREAS, on January 13, 2026, the City Council held a duly noticed public hearing to consider public testimony on the proposed Project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action, and voted to approve the Project, as conditioned; and
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WHEREAS, the Record of Proceedings ("Record") upon which the City Council bases its decision includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code; (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the City Council related to the Project; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the City Council and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.

NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and constitute a part of the findings in support of this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby find that the City of Cotati has reviewed the project in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines. Pursuant to CEQA Guidelines Section 15183, the project may tier from the program level analysis prepared for the City of Cotati Downtown Specific Plan (DSP) and its Environmental Impact Report (EIR) and the City of Cotati General Plan and its EIR. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan Environmental Impact Report (EIR) (SCH No. 2013082037) that may apply to the subject project are identified and included as conditions of approval.

The project is also consistent (pursuant to CEQA Guidelines Section 15168) with two program level EIRs (City of Cotati General Plan and DSP), which anticipated development of this sight in the form presented. Additionally, the project qualifies for an exemption in accordance with Public Resources Code 65457(a), which exempts residential projects from additional CEQA review if they are consistent with an approved specific plan. Furthermore, the proposed Project is an urban infill development project meeting the provision of Categorical Exemption Class 32, as set forth in CEQA Guidelines Section 15332.

BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby, based on substantial evidence and in view of the whole Record, determine that the findings to approve the Project can be made for the following reasons:

Design Review Findings (CMC Chapter 17.62)

1. Complies with Cotati Municipal Code Section 17.62.040 (Design Review);

2. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
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3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

4. Provides efficient, safe, and visually attractive public access, circulation and parking;

5. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;

6. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;

7. Is consistent with the general plan and applicable specific plans; and

8. Complies with any applicable city design guidelines, design standards, and/or design review policies.

Response - The proposed Project, as conditioned, complies with the General Plan and provisions of CMC Section 17.62.040 (Design Review). The Project application provides the required information to approve Preliminary and Final Design Review. As proposed, and conditioned, the Project addresses and conforms with the City’s General Plan and Land Use Code provisions for site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, and the use of utilities, except where certain variances are requested and granted.

The architectural design for the Project’s buildings incorporates contemporary Western Victorian style elements including rustic lapped and board-and-batten siding, wood trim, wooden columns that form an arcade with ground floor storefronts of wood construction, minimal ornamentation, second story porches, tall and narrow windows placed symmetrically across the front building elevation, and gabled roofs. The rectangular building form is articulated with recessed and projected building frontages, varying roof lines, vented gables, and porches.

The Project will have access from La Plaza, which is the only potential vehicular access point because there are no other alleys or side streets that abut the property. To the extent feasible all parking will be located behind structures and only visible from the entrance driveway.

The Landscape Site Plan proposes a mix of low-water usage trees, shrubs, and groundcover.

Trees and other landscaping are proposed along the perimeter of the Project site and between buildings. To the extent feasible, onsite trees are preserved including two prominent oak trees near the front of the property and two multi-trunk oaks at the rear northeast corner.

The Project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues have been identified that would prevent the Project’s development or the provision of services to the residents.
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Variance Findings (CMC Section 17.62.060)

1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this land use code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district; and

2. The approval of the variance or administrative variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

3. The variance or administrative variance is consistent with the general plan, and any applicable specific plan.

Response –As proposed, the project requires variances from standards, including: 1) a reduction in required parking (or a reduction in the rear setback (from 20 feet to 10 feet) defined by the DSP); 2) relief from the standard requiring a 30-foot setback for third stories defined by Chapter 17. 39 Objective Design Standards; 3) an increase in height above the 35-foot maximum (proposed: 36’-0” and 37’-4”); and 4) vehicular access from a primary street (La Plaza) versus an alley or side street.

The project is well designed to be compliant with the DSP’s vision for the area, and importantly, provides the required residential density. To achieve this, the project requires variances from competing development standards in order to comply with the overarching development standards and goals and receive the same privileges as other properties within the same district.

Reduced Parking or Reduced Rear Setback
Rear setbacks within the DSP range from ten feet to twenty feet. Within the La Plaza District the DSP establishes a 20-foot rear setback. The primary reason for the larger rear setback in the La Plaza District is because all vehicular access is to be from side streets and alleys with parking located at the rear of the property within the rear setback. As noted above, this site cannot be accessed via an alley or side street which limits where parking and buildings can be placed. To provide the required parking the applicant proposed to locate Building 3 ten feet from the rear property line. The Planning Commission, however, recommends that the project adhere to the 20-foot rear setback standard to mitigate the concerns of the residents on Arthur Street and instead provide a variance from the parking standard and allow twelve spaces instead of the required fourteen spaces.
[This finding will be updated in the final Resolution based on the City Council’s decision] Third-Story Setback
CMC Chapter 17.39 ODS states that any third-story portion of a building shall be setback 30 feet from adjacent properties in lower density zones developed with single-family residences.

Building 3 is proposed to be three stories and located only 10 feet from the rear property line.

The adjacent properties on Arthur Street are in the MN zoning district. The NM zoning district is 129 of 387
applied to areas appropriate for small-lot subdivisions and multifamily development and has a maximum density of 10 units per acre, which is a lower density than the La Plaza District. One of the properties is currently developed with a single-family home; however, the residence will be over 90 feet from Building 3 and development of a single-family home on the Arthur Street lot would not be permitted today due to density requirements.

Strict adherence to the 30-foot setback standard would eliminate at least four required surface parking spaces.

Reducing Building 3 to two stories results in the elimination of three garage parking spaces and the accessible studio unit, which would cause the density to be too low – a violation of state law.

Government Code Section 65863, otherwise known as the “No Net Loss Law” prevents cities from approving residential development projects at densities lower than the minimum required to comply with their Regional Housing Needs Allocation (RHNA). This law requires local governments to ensure that zoning and approvals maintain enough capacity for the housing units outlined in their state-approved Housing Element. If approving a project would reduce the sites' capacity then the City would need to identify and upzone an additional site(s) within 180 days.

Building Height
The height limit within the La Plaza District is 35 feet, but up to eight feet of additional height may be allowed for architectural features.

Building 2 is proposed to be 37’-4” in height and Building 3 is proposed to be 36 feet in height.

The buildings’ heights are driven by the desire to meet density and parking requirements.

Building 2 also provides a higher first floor ceiling height to accommodate the first-floor commercial use. Building 2 is designed to step back so that the portion abutting the La Plaza sidewalk will be only two stories with the rear portion of the building rising to three stories.

The extra height is nominal and allows for three story structures that also match the architecture and design of the existing live/work unit (Building 1). The heights could be reduced to 35 feet by reducing the slope of the roof, but this would adversely affect the design and compatibility with Building 1. The proposed 6:12 roof pitch is typical of Western Victorian design, which is normally between 6:12 and 7:12, and is considered an architectural feature.

Vehicular Access
A variance to take access from La Plaza instead of an alley or side street should be granted because there is no alternative alley or side street abutting the property that can provide access, nor can one be reasonably constructed without adversely impacting neighboring developed properties. Strict adherence to this standard would prevent the property owner from developing the property. The project has been designed to minimize the impact of taking access from La Plaza by preserving prominent frontage trees, providing a cohesive shopfront design, and minimizing the access driveway width to the extent permitted by the fire department.

Tree Removal Findings (CMC Chapter 17.54)

1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter; 130 of 387

2. Measures have been incorporated into the Project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this chapter;

3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;

4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and

5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.

Response – To provide adequate density and parking a majority of the site will be covered by structures and asphalt, which is typical of dense downtown developments. The trees that exist on the site primarily consist of six oaks along the northern property line and a single 48” diameter redwood tree located in the front central area of the property. Five of the six oaks will be preserved, but one 10” oak located along the northern property line will likely not survive construction and will need to be removed. The redwood tree was originally proposed to remain, but will need to be removed to accommodate fire apparatus access. The tree’s health also appears to be declining and will likely require removal in the near future. Another 30” oak was proposed to be removed, but the project has been modified to preserve the tree following the Planning Commission’s recommendation.

Per the replacement criteria set forth in CMC Section 17.54.050, five trees are required to be planted to mitigate the loss of the 10” oak and six trees are required to mitigate the loss of the 48” redwood tree. Seven trees have been integrated into the landscape plan which means that the applicant will need to plant an additional four trees on site or at another location or pay an in-lieu mitigation fee for four trees equal to $524.

The trees proposed for removal do not act as privacy buffer, provide wind screening, or affect on-site drainage, erosion, or land stability, and there are no expected adverse impacts resulting from their removal.

The Project is conditioned to protect nesting birds. If construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a 131 of 387
disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.

BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby approve the request for Preliminary and Final Design Review, Variances, and a Tree Removal Permit to allow construction of two buildings featuring five residential units and 890 square feet of commercial floor area on a 15,000 square foot lot located at 8150 La Plaza based on the foregoing findings and subject to compliance with all of the Conditions of Approval identified below:

CONDITIONS OF APPROVAL

GENERAL

1. The Project is subject to all development standards and payment of all impact fees identified in the City’s adopted Fee Schedule.

2. All plan sets submitted for building permits and/or improvement plans shall have a sheet printed with all conditions of approval written herein.

PLANNING DIVISION

3. The building materials, elevations, and appearance of this Project, when presented for the issuance of a building permit, shall be substantially the same as that approved by the City Council, as determined by the Community Development Director or his designee. Any future additions, expansions, remodeling, etc., will be subject to review and approval of the Planning Division.

4. During construction applicant shall designate a Disturbance Coordinator and post a publicly visible sign with the telephone number of the Disturbance Coordinator to contact regarding construction complaints. The Disturbance Coordinator shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

5. Applicant shall mitigate the removal of the existing native trees on the site by replanting four trees on site or at another location in Cotati. Alternatively, the applicant shall pay an in-lieu mitigation fee of $524.

ENVIRONMENTAL

6. During any construction period ground disturbance, the Project will ensure that the Project contractor(s) implement the following measures to control dust and exhaust that are recommended by the Bay Area Air Quality Management District (BAAQMD) and listed below:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall 132 of 387
be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
g. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
h. Unpaved roads providing access to or on the site located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted wood chips, mulch, or gravel.

7. To avoid impacts to nesting raptors and passerines, a nesting bird survey should be conducted within 7 days prior to commencing with construction work if this work would begin between February 1 and August 31. The nesting bird survey shall be conducted on the project site and within a zone of influence around the project site. The zone of influence includes those areas off the project site where raptors could be disturbed by earth-moving vibrations or noise. The nesting bird survey should include examination of all suitable nesting habitats within 300 feet of the entire project site. A nesting bird survey report should be prepared upon completion of the survey and provided to the City of Cotati with any recommendations required for establishment of protective buffers as necessary to protect nesting birds.

If birds are identified nesting on or within the zone of influence of the construction project, a qualified biologist shall establish a temporary protective buffer around the nest(s). The buffer must be of sufficient size to protect the nesting site from constructionrelated disturbance and shall be established by a qualified ornithologist or biologist with extensive experience working with nesting birds near and on construction sites.

Typically, adequate nesting buffers are 75 feet from the nest site or nest tree dripline for small birds and up to 300 feet for sensitive nesting birds that include several raptor species known from the region of the project site. The nest buffer should be staked with orange construction fencing or orange lath staking.

No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1 unless it is determined by a qualified ornithologist/biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones, or that the nesting cycle is otherwise completed. In the region of the project site, most species complete nesting by mid-July. This date can be significantly earlier or later and would have to be determined by the qualified biologist. At the end of the nesting cycle, or abandonment of the nest by its occupants, as determined by a qualified biologist, temporary nesting buffers may be 133 of 387
removed, and construction may commence in established nesting buffer areas without further regard for the nest site.

8. If a precontact or historic period archaeological resource is encountered by equipment operators during project-related ground-disturbing activities and an archaeologist is not present, that work be halted within 100 feet of the discovery area until a qualified professional archaeologist assesses the find and makes recommendations for the treatment of the resource.

If avoidance of the archaeological resource is not feasible, the archaeological resource shall be evaluated for its eligibility for listing in the California Register of Historical Resources (CRHR) or as a unique archaeological resource. • If the resource is determined to be eligible for the CRHR or is a unique archaeological resource, adverse impacts shall be mitigated. • If the resource is a Native American resource, the assessment, evaluation, and treatment recommendations shall be made in consultation with FIGR. Mitigation may include excavation of the archaeological deposit in accordance with the Secretary of Interior’s Standards and Guidelines for Archaeological Documentation, which may include data recovery using standard archaeological field methods and procedures, laboratory and technical analyses of recovered archaeological materials, preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials, and accessioning of archaeological materials and a technical data recovery report at a curation facility.
• Any report produced as a result of a discovery shall be submitted to the City of Cotati and the Northwest Information Center of the California Historical Resources Information System (NWIC/CHRIS) upon completion of the resource assessment. Precontact period archaeological resources commonly encountered in the area may include obsidian (shiny, black, glass-like stone) and chert flakedstone tools (e.g., projectile points, knives, choppers), midden (culturally darkened soil containing heat-affected rock, charcoal, ash, artifacts, animal bone, or shellfish remains), stone milling equipment, such as mortars and pestles, and features such as hearths, fire pits, house floor depressions and mortuary features consisting of human skeletal remains. Historic period archaeological resources include backfilled privies, wells, and refuse pits; concrete, stone, or wood structural elements or foundations; and concentrations of metal glass, and ceramic refuse.

9. In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Section 5097.94 and Section 5097.98 shall be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the following steps shall be taken:
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• There shall be no further excavation or disturbance within 100 feet of the remains until the Sonoma County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. The soil excavated from the discovery location shall also be secured. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the most likely descendant of the deceased Native American.

The most likely descendant may make recommendations for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98.
• Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the Most Likely Descendant (MLD) or on the project site in a location not subject to further subsurface disturbance:
o The NAHC is unable to identify the most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being given access to the site.
o The descendant identified fails to make a recommendation. o The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

10. If construction or grading activities result in the discovery of unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Department shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Department.

PUBLIC WORKS/ENGINEERING
Real Property

11. Please provide a current (within the last 3 months) Preliminary Title Report (including the grant deed and title items) and show all existing easements and other relevant title items on the Site Plan and other plans as appropriate.

12. Prior to issuance of the first building permit, the owner shall annex the property into the City’s Community Facility (CFD) District. All residential units within the property shall be subject to the annual CFD assessment.

Improvement Plans
The following Conditions of Approval shall be satisfied prior to Improvement Plan Approval. 135 of 387
General Requirements

13. The developer shall prepare and submit improvement plans for the construction of all public improvements including water, sanitary sewer, storm drain facilities, roadway improvements, curbs, gutters, detached sidewalks, parkway strips, signing, striping, streetlights and demolition showing all items to be removed such as buildings, well system, septic system, etc. All easements shall be clearly indicated and described. An erosion control plan shall be included. The plan set and all design and construction shall conform to the latest edition of the City of Cotati Design Standards, Standard Plans, & Construction Specifications. The submittal shall include an Engineer’s Cost Estimate for the public improvements.

14. All plan sets submitted for building permits and improvement plans shall have a sheet printed with all conditions of approval written herein.

15. The Improvement Plans shall include an approval line for the Geotechnical Engineer to sign off on the plans based on their Geotechnical Investigation Report.

16. The Improvement Plans must be approved and signed by the City Engineer, Community Development Director, Police Chief, and Rancho Adobe Fire District prior to the issuance of an Encroachment Permit, Grading Permit, or Building Permit.

17. The applicant shall enter into a deposit agreement with the City to assure all City project review and inspection costs are reimbursed by the Project proponent. A plan check and inspection fee deposit shall be paid prior to the signature of the Improvement Plans.

18. Mailbox plans and locations shall be approved by the Cotati Postmaster prior to Improvement Plan approval. The developer shall provide a letter and exhibit showing mailbox locations from the Cotati Postmaster approving mailbox locations.

19. Existing curb, gutter and sidewalk along the Project frontages that are in disrepair shall be removed and replaced as part of the improvements for this Project. All nonconforming pedestrian ramps and driveway approaches shall also be brought up to current accessibility standards. All as determined by the City Engineer.

20. Deviations from City Standards shall require the approval of the City Engineer. The applicant’s engineer shall request all design exceptions in writing.

21. Project benchmark shall be based on a City approved USGS benchmark.

22. A “dry” Utility Plan shall be submitted for review and approval by the City Engineer, prior to Improvement Plans approval.
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23. Submit a Storm Water Determination Worksheet, and assuming Low Impact Development (LID) requirements are triggered, prepare and submit an Initial SWLIDS along with a Completeness Checklist, pursuant to the City of Santa Rosa LID Manual, 2017 Storm Water Technical Design Manual Narrative. These resources can be found at the following link: https://srcity.org/1255/Low-Impact-Development.

24. Developer shall follow the recommendations provided in Geotechnical Investigation Report.

25. An Encroachment Permit is required for all improvements, work activities, and staging or storage of equipment and materials within the public right-of-way subject to the approval of the Director of Public Works / City Engineer. Information on the City of Cotati Encroachment Permit process can be found at:
http://www.cotaticity.org/city_hall/departments/public_works_and_engineering/encroach ments.

26. If the Project involves movement of greater than 50CY or disturbance of more than one acre, a Grading Permit is required prior to commencement of earthwork. Information on the Grading Permit application can be found at:
https://www.codepublishing.com/CA/Cotati/#!lCotati14/Cotati1434.html#_14.34. 050.

27. Required Improvement Plan Notes:

A. "Any excess materials shall be considered the property of the contractor and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
B. "All existing overhead utilities (of 26,000 volts or less) and proposed electric and communication utilities, both on-site and along Project frontages, shall be placed underground. This does not include surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, which are required to be screened by means acceptable to the City."
C. "If hazardous materials are encountered during construction, the contractor will halt construction immediately, notify the City of Cotati, and implement remediation (as directed by the City or its agent) in accordance with any requirements of the North Coast Regional Water Quality Control Board."
D. "The contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.

The contractor shall be required to follow traffic safety measures in accordance with the Cal Trans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” The City of Cotati emergency service providers shall be notified of proposed construction scheduled by the contractor(s). The Project specifications shall 137 of 387
require that the contractor(s) notify emergency service providers in writing at least 24 hours in advance of its proposed schedule of work. A Traffic Handling Plan shall be provided to the City for City Engineer approval prior to any work occurring within the public right of way."
E. The following notes shall be added to the cover of the plans in bold:

IMPORTANT NOTICE TO DEVELOPER AND ALL CONTRACTORS:

Utility joint trench location shall be field staked and approved by the City PRIOR TO INITIATION OF ANY TRENCHING. This required approval by the City is independent of any authorization granted by the Utility Company, the Developer and/or Contractor. Trench locations within the tree protection zones of any protected trees may not be approved by the City. The City's inspector may require consultation by the City's arborist prior to approval of trench location. Failure to comply with these requirements may result in an immediate order to stop work, as well as incurrence of civil penalties as provided by City Ordinance.

NOTE: Soil shall not be treated with lime or other cementitious material without prior express permission by the City Engineer.

Drainage Improvements

28. All project related flooding impacts shall be mitigated by the project developer. Drainage improvements shall be designed by a Civil Engineer registered in the State of California in accordance with the Sonoma County Water Agency’s Flood Control Design Criteria.

Public and private drainage improvements (including Storm Water Management Plans) shall be shown on the improvement plans and shall be submitted to and approved by the City Engineer.

29. Plans and Engineer of Record certifications shall be provided by the developer to demonstrate compliance with all improvements, including building pads and finished floor elevations, with the City’s Flood Plain Ordinance, to the satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at a minimum of 1 foot above the 100-year Floodplain / Hydraulic Grade Line as determined by the City and certified by the project engineer.

30. Plans and engineer of record certifications shall be provided by the developer to demonstrate compliance of all improvements, including building pads and finished floor elevations, with the City’s Flood Plain Ordinance, to the satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at a minimum of 1 foot above the 100-year Floodplain / Hydraulic Grade Line as determined by the City and certified by the Project engineer.

Grading Improvements

31. The developer’s engineer shall include a site-grading plan prepared by a Civil Engineer registered in the State of California as part of the required improvement drawings. Lots 138 of 387
shall be generally designed to drain to the street, unless otherwise approved in the interest of tree preservation or other unusual circumstances.

32. The grading plan shall clearly show all survey monuments and property corners and shall state that they shall be protected and preserved. Should monuments be damaged or destroyed during construction, they shall be replaced by the developer.

33. The applicant shall submit to the City for review and approval, a detailed Soils Report/Geotechnical Investigation prepared by a Civil Engineer registered in the State of California and qualified to perform soils work. The grading plan shall incorporate the recommendations of the approved Soils Report and be signed by the project Geotechnical Engineer.

34. Where soil or geologic conditions encountered during grading operations that are different from those anticipated in the Soils Report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity.

35. All existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Sonoma County Environmental Health or other designated agency. If there are none, the project engineer shall provide a letter describing the scope of the search done to make this determination.

36. Improvements plans shall include an erosion control (winterization) plan. The plan must include an order of work and staging/scheduling component indicating when facilities must be installed and when they may be removed. A separate Rain Event Action Plan (REAP) shall be required and prepared as part of the Storm Water Pollution Prevention Plan (SWPPP). A copy of the REAP shall be kept on-site throughout the duration of construction activities.

Utility Improvements

37. Except as approved by the City Engineer, all proposed utilities, both on-site and along Project frontages, shall be placed underground per CMC Section 17.30.100.

Sanitary Sewer and Water Improvements

38. The applicant shall submit for City review and approval the domestic water use calculations and meter sizing. Water use calculations shall compare the estimated water use to the water use attributed to the area by the Water Master Plan (latest edition). 139 of 387

39. Prior to issuance of a building permit, developer shall obtain a letter from the City of Santa Rosa stating their requirements for a sewer use permit have been satisfied.

40. All private storm drain, potable water, fire service and sanitary sewer mains, laterals, and appurtenances, must be located within the private property and clearly identified as private on the design drawings.

41. All irrigation water mains, service laterals, plumbing, valves, pipes, appurtenances, irrigation parts, vaults and boxes must be purple.

Permit Requirements

42. It is the Applicant’s responsibility to obtain and provide proof of all permits necessary from other local, state and federal agencies. Applicant shall provide evidence of these permits at the time of grading plan submittal.

Landscape Plans

43. Landscape and irrigation plans for plantings shall be submitted at the time of the Improvement Plan submittal package. All landscaping and irrigation shall comply with the City Water Efficient Landscape Ordinance (WELO). Said plan is subject to review and approval by the City Engineer.

44. The landscape plans shall show underground utilities and no trees shall be planted over any existing or proposed underground utilities, and no trenching shall occur within the driplines of the trees proposed to be preserved.

Grading Permit
Prior to the issuance of a Grading Permit, the following conditions shall apply:

45. The Improvement Plans shall be approved by the City Engineer.

46. Submittal of copies of required permits and/or agreements from resource agencies is required.

Encroachment Permit
Prior to the issuance of an Encroachment Permit, the following Conditions shall apply:

47. A Traffic Control and Construction Work Plan shall be submitted to the City Engineer for review and approval. At a minimum, the Traffic Control Plan shall address ingress and egress, haul route, flagging, and maintenance of the road and identifies a staging area.

The plan shall be reviewed and approved by the City Engineer, Chief of Police, and the Planning Division prior to the start of any sitework.

48. An Encroachment Permit shall be required prior to performing work on public utilities or work within public rights-of-way or public easements.
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During Construction Operations the Following Conditions Shall Apply

49. The developer shall keep adjoining public streets free and clean of Project dirt, mud, materials, and debris during the construction period, as found necessary by the City Engineer.

50. The developer shall be responsible for all damages caused by the Project during construction to existing City streets and facilities, and shall repair all damaged facilities at no cost to the City.

51. If any hazardous waste is encountered during the construction of this Project, all work shall be immediately stopped and the Sonoma County Environmental Health Department, the Fire District, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.

52. During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. Contractor shall be responsible that all construction equipment is equipped with manufacturers approved muffler’s baffles in compliance with all City codes relating to noise and idling equipment. City Code includes but is not limited to section 17.30.050. Failure to do so may result in the issuance of an order to stop work.

53. If grading is to take place between October 15 and April 15, both temporary and permanent erosion control measures, conforming to the Project’s erosion control plans shall be in place before October 1st. Erosion control measures shall be monitored and maintained continuously throughout the storm season.

54. The following minimum Best Management Practices (BMPs) shall be required during construction:

A. Construction crews shall be instructed in preventing and minimizing pollution on the job.

B. Stabilize construction entrance/exit to prevent tracking onto roadway. Only one stabilized construction entrance/exit will be allowed per site. Vehicles entering and leaving construction sites spread pollutants such as sediment, gravel, and other loose particles onto adjacent roads. Pollutants are washed into roadside ditches and are a nuisance to drivers and may cause damage to vehicles.

C. Protect exposed slopes from erosion through preventative measures. Cover slopes to avoid contact with storm water by hydro-seeding, mulch, use of plastic sheeting or other approved means.
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D. Use brooms and shovels, when possible, to maintain a clean site. Use of a hose is not recommended. Introducing water as a cleanup method adds to water pollution.

E. Designate a concrete washout area, if needed, to avoid wash water from concrete tools or trucks from entering storm drain systems. Maintain washout area and dispose of concrete waste on a regular basis.

F. Establish a vehicle storage, maintenance, and refueling area, if needed, to minimize the spread of oil, gas, and engine fluids. Use of oil pans under stationary vehicles is strongly recommended.

G. Protect drain inlets from receiving polluted storm water through the use of filters such as fabrics, gravel bags or straw wattles.

H. Be prepared for rain and have the necessary materials onsite before the rainy season.

I. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular basis and replace them as necessary, through the entire course of construction.

BUILDING DIVISION

55. The occupancy of the proposed buildings are considered M / S2 and R2 in accordance with the California Building Code. Include in the construction drawings a code analysis to confirm the occupancy, type of construction allowable area and building height are in conformance with requirements of chapter 5 & 6.

56. Plans will be required to be in compliance with the currently adopted Disabled Access requirements of CBC chapter 11A & 11B as applicable.

57. Provide Exit plans showing path of exits to the public way. Verify exit widths and overall length. [§1014.2 CBC & Table 1016.2 CBC]

58. Provide complete dimensions on the floor plans for all rooms, spaces, hallways, passages, clearances, etc. [ 107.2 CBC]

59. Provide plans gridlines coordinated with all related plans.

60. Identify all fire rated conditions as required by CBC chapters 6, 7, 9 and 10.

61. Provide complete structural plans and calculations coordinated with the architectural plans.
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62. Provide complete Electrical plans and Load Calculations.

63. Provide Title 24 Energy Documentation for Lighting, Building envelope, Heating, and cooling. Include the T24 documents on plan sheets in the plans.

64. Disabled Access Paths of Travel and usage features are required to be detailed on the construction documents. Parking, entrances, and all features within the building are required to be disabled compliant. 2016 CBC Chapter 11

65. Provide water supply, building drain and gas supply sizing calculations for the building in accordance with the California Plumbing code.

66. Units shall be provided with fire rated construction separating unit to unit for vertical and horizontal conditions. Sound transmission ratings of not less than 50 are required between units. All assemblies are required to be approved by a recognized testing agency.

Please provide construction details, assemble source and reference number.

67. Before approval of the foundation inspection: A licensed Land Surveyor or Civil Engineer with proper certification shall conduct a survey of the (front, sides, rear, all) property lines and install property line markers that can be readily verified by Building Inspection staff to verify setbacks, and submit a written (stamped) confirmation to the Building Department that the staking of the property lines has been completed.

68. The project requires a Geotechnical Report. The report shall provide design recommendations based upon the engineer’s findings and shall comply with CBC Section 1803. [§107.2 CBC]

69. The project Soils Engineer shall confirm that the grading plans, foundation plans, and associated details and specifications have been reviewed and that it has been determined that the recommendations in the soil report are properly incorporated in the plans. [1803.6 CBC]

70. The project is required to conform to current building codes. The current codes 2022 California Building Code (CBC), 2022 California Residential Code (CRC), 2022 California Electrical Code (CEC), 2022 California Mechanical Code (CMC), 2022 California Plumbing Code (CPC), 2022 California Energy Efficiency Standards Code (CEES), 2022 California Fire Code (CFC), 2022 California Green Building Standards Code (CGBS or CALGreen).

71. Submit a site plan including the following or modify site plan to include all of the following. Show dimensioned property lines, public streets, and dimensions of yards and setbacks.
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72. Show North arrow, scale, legal description, and/or street address.

73. At building locations indicate finish slab elevation and/or finish floor elevation for all new buildings.

74. Indicate the location and route of connections to public utilities for water and sewer and electric. No part of these systems shall be located on or cross over any lot other than the lot that is the subject of this permit application, unless plans clearly show a legally dedicated easement for such purpose.

75. Provide complete architectural plans that identifies the use of all spaces and section drawings in both directions. Floor, section, and elevations plans shall show room and floor to ceiling dimensions.

76. The project is required to comply with current CALGreen requirements plus tier 1. A certified CalGreen Inspector is required to review the plans and provide on-site inspections to confirm compliance. The CalGreen worksheets are located on the city’s website and are required to be printed on plan sheet(s) in the plan set.

77. Before approval of the foundation inspection: A licensed Land Surveyor or Civil Engineer with proper certification shall conduct a survey of the (front, sides, rear, all) property lines and install property line markers that can be readily verified by Building Inspection staff to verify setbacks, and submit a written (stamped) confirmation to the Building Department that the staking of the property lines has been completed.

78. Provide on a plan sheet all conditions of approval from all departments.

79. Provide complete building data on the cover sheet of the plans to include, building Data, occupancy classification, type of construction floor area per story and total floor area per occupancy classification, building height.

RANCHO ADOBE FIRE PROTECTION DISTRICT (RAFPD)

80. AFSS required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in locations described in this section. Additional local requirements are described in Section 903.2.1 through 903.2.19.1.2 and may supersede the following requirements. The most restrictive requirements shall apply. CFC 903.

Installation of the fire sprinkler system requires approved plans and permit from the RAFPD Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cut sheets and calculations.

81. Standpipe Required: As these buildings are each 3-stories, they are required to be equipped with Class I standpipes per RAFD Fire Safety Ordinance §905.3.1(2). Please 144 of 387
clearly indicate the location of each of these standpipes and their separate fire department connections (FDC) *one FDC each per building, per RAFD Fire Safety Ordinance §912.2 at the exterior. Provide interior linear-dimensioned maximum hose drag distances including hose stream per 2022 CFC §905.4 & 2019 NFPA 14 §7.3.2. Please clearly indicate the hose drag distances to all points within the furthest reach of the hose stream within the commercial/retail areas, apartments and/or studios showing how they meet the maximum hose reach distances to meet code.

82. Sprinkler system supervision and alarms. Valves controlling water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and waterflow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. CFC 903.4. Installation of the fire alarm system, or sprinkler monitoring systems, must be conducted with approved plans and permit obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm submittal shall include a permit application with plans, cut sheets, and calculations for review.

83. Fire Alarm System and/or smoke alarms are required. Where required in new buildings (or modifications). An approved fire alarm system shall be installed in accordance with the provisions of the California Fire Code and NFPA-72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provided occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Installation of the fire alarm system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. Each building is required to have installed, a fully-automatic and manual fire alarm system and CO detection within the R-2 occupancy stories throughout per 2022 CFC §907.2.9 & §915.2. *Some exceptions may apply and are required to be cited on plans to validate the specific exception for the specific omission.

84. Rescue Openings: Each building is required to be equipped with rescue openings for the R-2 occupied stories above grade plane meeting all requirements of 2022 CFC §1031.

Please indicate on plans.

85. Fire Department Access. Fire Apparatus Access Roads shall be constructed and provided prior to construction of any buildings on the site. Fire apparatus access roads shall be maintained for fire department operations at all times during the construction process. Closure or changes of fire apparatus access roads shall be reviewed and approved by the Rancho Adobe Fire Protection District prior to closure or changes. CFC 503 and Appendix D.
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(a) Fire apparatus access roads shall be constructed and maintained per the requirements of CFC D102.1 or submit for a written request for approval for alternate materials and methods (specifically for the use of turf pavers).

Delineation between alternate materials (turf pavers) and natural vegetation shall be provided where alternate materials and methods are approved. Roads shall be capable of supporting fire apparatus weighing 75,000 pounds. (b) Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet exclusive of shoulders. CFC D103.1. (c) Fire apparatus access roads shall not exceed 10 percent in grade. Exception:
grades steeper than 10 percent as approved by the fire code official. CFC D103.2.
(d) The minimum turning radius shall be determined by the fire code official.

CFC D103.3.
(e) Fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. (f) Gates securing the fire apparatus roads shall comply with CFC D103.5 and as approved by the fire code official.

86. Commercial and Industrial Developments. Building or facilities exceeding 30 feet or three stories in height or buildings, or facilities having a gross building area of more than 62,000 square feet, shall have not fewer than two means of fire apparatus access for each structure. Where two or more fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area served, measured in a straight line between accesses. CFC D104.

87. Aerial Fire Apparatus Roads. Where the vertical distance between grade plane and the eave of a pitched roof or top of a parapet wall exceeds 30 feet, an approved aerial apparatus access road shall be provided. The width be at least 26 feet, one or more of routes shall be located not less than 15 feet and not greater than 30 feet from the building and shall be parallel to one entire side of the building. The side of the building chosen shall be approved by the fire code official. CFC D105.

88. Fire Hydrants. All required fire hydrants shall be installed, maintained and accepted by the Rancho Adobe Fire Prevention Bureau prior to loading of any combustibles on site 146 of 387
or construction of the building. CFC Appendix D. Clearly indicate location of all existing and proposed fire hydrants and indicate the specific distance from the proposed FDC/Fire Standpipe connection to a hydrant to not exceed 50’ with hose not crossing any roadways or driveways or drive aisles per RAFD Fire Safety Ordinance §507.5.1.1 & §912.2.

89. Water Supply: In order to determine the viability of the current and available water infrastructure for building fire flow and fire sprinkler design, it is required a complete and current water flow test letter from City of Cotati Water District or local water purveyor be provided. This letter shall be dated not more than 6 months from the initial submittal of this plan set indicating the water available at the site for fire protection and fire flow per 2022 CFC §507.4 & RAFD Fire safety Ordinance Appendix B & C Appendix B & C and 2022 NFPA 291. *The maximum allowable reduction to required fire flow is 50% per RAFD Fire Safety Ordinance Appendix B, Table B105.2.

90. Key Boxes. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. Installation of the key boxes requires a permit from Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. This system shall comply with CFC Section 506.

91. Emergency Responder Radio Coverage. All new buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building. The owner/project shall conduct appropriate testing and/or provide emergency responder radio coverage approved by the Fire Prevention Bureau. Installation of the emergency responder radio coverage system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. This system shall comply with CFC Section 510.

92. Building Addressing. New and existing buildings shall be provided with approved illuminated address numbers or letters. They shall be contrasting with the background and be plainly visible from the street or road fronting the property. Address numbers shall be Arabic numerals or alphabetic letters. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall comply with Fire Department Standards. CFC 505.
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ADDED BY PLANNING COMMISSION 11-17-2025

93. Relocate Building 3 to the south in order to preserve the 30” oak tree and reverse the building layout to minimize impacts to parking.

94. Relocate Building 3 to the west so that a twenty-foot rear setback (instead of a 10-foot rear setback) is provided.

95. Provide window opacity on the eastern elevation of Building 3 to preserve the privacy of the residents on Arthur Street.
[End of Conditions of Approval]
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 January 13, 2026, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest: _____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARING (ACTION)
To: City Council
Subject: ADOPTION OF RESOLUTION APPROVING ANNEXATION

OF CERTAIN PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2017-01 (PUBLIC SERVICES) AND TAKING

ASSOCIATED ACTIONS
Date: January 13, 2026
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a Resolution approving annexation of certain property to Community Facilities District No. 2017-01 (Public Services); approving annexation map related thereto and authorizing and directing recording thereof; and authorizing and directing the preparation and recording of an amended notice of special tax lien related thereto.

Background
The Mello-Roos Community Facilities Act of 1982, beginning with Government Code Section 53311 (the “Act”), is the statutory framework that provides the authority and describes the methodology that local agencies may use to form Community Facilities Districts (CFDs) and levy special taxes within the boundaries of those CFDs. Under the Act, CFDs may be used to fund certain authorized public services and related incidental administrative and incidental expenses.

On September 12, 2017, the Council adopted a Resolution establishing CFD No. 2017-01, establishing the initial boundaries of CFD No. 2017-01 and designating the remaining property within the corporate boundary of the City of Cotati as future annexation area (the “Future Annexation Area”) of which the City Council intended to later authorize annexation of specific portions of the Future Annexation Area with an expedited annexation procedure authorized by the Act. The special tax currently levied on all nonexempt taxable parcels within the CFD is in accordance with the rate and method of apportionment of the special tax (“RMA”). The RMA specified an initial maximum special tax assessment per dwelling unit for Fiscal Year 2017-2018 149 of 387
of $644.86 for single family residential property and $429.91 for multi-family property.

Currently, the single-family residential property is $800.82. There are no multi-family properties in the CFD currently. The assessment is to be increased each July 1 by the greater of the change in the San Francisco Urban Consumer Price Index or two percent (2%), with a maximum annual increase of four percent (4%) for any given year.

Analysis/Discussion
In accordance with the Government Code regarding Proceedings to Create a Community Facilities District (Section 53326), the vote for annexation is to be by the landowner(s) if the number of registered voters associated with the properties is less than 12. The attached confirmation letter from the Sonoma County Clerk-recorder-Assessor, Registrar of Voters Division, confirms there are no registered voters associated with APN 046-286-017, 046-286- 018, 046-286-019, and 046-286-020.

Cotati Commons Marketplace, LLC, as the sole owner of the properties within the Future Annexation Area identified as Assessor’s Parcel No.s 046-286-017, 046-286-018, 046-286-019, and 046-286-020 (the “Subject Properties”), submitted to the City Clerk an instrument entitled “Request and Unanimous Approval for Annexation and Landowner-Voter Ballot” containing (a) a request that the Subject Properties be annexed to CFD No. 2017-01, (b) a statement of unanimous approval of the Landowner for such annexation and (c) an affirmative vote of the Landowner in favor of authorizing the City to levy the Special Tax on the Subject Property.

By adopting the proposed Resolution, the City Council confirms that no majority protest exists, and approves annexing the Properties identified as Assessor’s Parcel No.s 046-286-017, 046- 286-018, 046-286-019, and 046-286-020 into CFD No. 2017-01. The result will allow the special tax to be levied on all nonexempt taxable parcels within the Subject Properties.

Financial Considerations
The Landowner has paid the costs of processing the annexation into the existing CFD. The costs of providing services and administering the CFD will be covered by the special taxes levied within the CFD.

Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

ANNEXATION OF CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES); APPROVING ANNEXATION MAP RELATED THERETO AND AUTHORIZING AND DIRECTING RECORDING THEREOF; AND

AUTHORIZING AND DIRECTING THE PREPARATION AND RECORDING OF AN

AMENDED NOTICE OF SPECIAL TAX LIEN RELATING THERETO
WHEREAS, the City Council (the “City Council”) of the City of Cotati (the “City”) has previously formed City of Cotati Community Facilities District No. 2017-01 (Public Services) (“CFD No. 2017-01”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to provide for the levy of a special tax (the “Special Tax”) on all taxable property within the boundary of CFD No. 2017-01 for the purpose of financing certain authorized public services (the “Public Services”); and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2017-62 the annexation in the future of territory to CFD No. 2017-01 (the “Future Annexation Area”); and
WHEREAS, in accordance with the provisions of Sections 53339 through 53339.9, inclusive, of the Act (the “Annexation Provisions”), pertaining to annexation of property to a community facilities district, Cotati Commons Marketplace, LLC, the sole owner of the parcels to be annexed (the “Landowner”), has submitted to the City Manager of the City an executed form entitled “Voter and Unanimous Approval for Annexation and Landowner-Voter Ballot” (the “Unanimous Approval Form”), requesting the annexation of a parcel owned by Landowner to CFD No. 2017-01 (the “Subject Property”) and voting in favor of authorizing the levy of the Special Tax on the Subject Property; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2017-01 and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within CFD No. 2017-01, is on file with the City Clerk and the provisions thereof (the “Resolution of Intention”) are fully incorporated herein by this reference as if fully set forth herein; and
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WHEREAS, on the date hereof, the City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of the Subject Property to CFD No. 2017-01; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2017-01 and the levy of said Special Tax within the Subject Property were heard and a full and fair hearing was held; and WHEREAS, no written protests were made at any time prior to the close of the public hearing; and
WHEREAS, a map showing the Subject Property and designated as Annexation No. 2025-02 (the “Annexation Map”), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, has been submitted to this legislative body; and WHEREAS, all prior proceedings taken by the City Council with respect to CFD No. 2017-01 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and CFD No. 2017-01 has been validly established pursuant to the Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the legislative body of Community Facilities District No. 2017-01 (Public Services), hereby finds, determines and resolves as follows:

Section 1. The foregoing recitals are true and correct and the City Council hereby expressly so finds and determines.

Section 2. The City Council hereby approves the Annexation Map and authorizes and directs the Deputy City Clerk to cause the recordation thereof in the official records of the County Recorder in accordance with the provisions of Section 3113 of the California Streets and Highways Code.
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Section 4. In accordance with the request set forth in the Unanimous Approval Form, the City Council hereby authorizes and directs the Deputy City Clerk as soon as practicable following the recordation of the Annexation Map to cause the preparation and recordation of an Amended Notice of Special Tax Lien (the “Amended Notice”) in the official records of the County Recorder in accordance with the provisions of Section 53339.8. Upon recordation of the Amended Notice, the Subject Property shall be subject to the levy of the Special Tax in accordance with the rate and method of apportionment of special tax for CFD No. 2017-01.

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 the 13th day of January, 2026, by the following vote, to wit:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
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October 16, 2025
Kuda Wekwete
DTA
18201 Von Karman Ave, Suite 220
Irvine, CA 92612
To Whom It May Concern:

Thank for your request to confirm the voter registration status of residents at the following parcel numbers:

Parcel Number Registered Voters
046-286-017
046-286-018
046-286-019
046-286-020
0 0
0 0
According to our records we currently have 0 registered voters for all parcel numbers listed above. If you have any further questions please don’t hesitate to contact me.

Thank you,
Melissa Sadler
County of Sonoma Registrar of Voters
Department Information Systems Technician II
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: SANTERO WAY AND TOC REZONING ORDINANCE
Date: January 13, 2025
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council conduct the second reading of an ordinance to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts, to make additional zoning amendments to implement the Transit Oriented Communities (TOC) policy requirements from ABAG/MTC and to make other clarifying changes to the Cotati Municipal Code (CMC).

Background
.In August 2001, the Santero Way Specific Plan (SWSP) was adopted, and originally envisioned a mixed-use office neighborhood adjacent to the SMART rail station. The primary objective of the original SWSP was to increase the number of residents and employees within walking distance (1/2 mile) of the SMART station. Specifically, the original Plan envisioned the development of 198 new dwelling units, 339,200 square-feet of office and institutional uses, 68,000 square-feet of retail uses, and 57,000 square feet of supporting parkland/open space.

On August 8, 2023, in response to stalled development within the Plan area, the City Council authorized the City Manager to enter into a professional services agreement with 4LEAF Inc. and several subconsultants to provide planning consulting services to complete the Santero Way Specific Plan Update.

In September 2023, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) published draft administrative guidance on their TransitOriented Communities (TOC) policies. These policies are intended to intensify land uses within ½ mile of transit hubs with the primary goal of increasing the overall supply of housing while also supporting the creation of jobs and increasing transit ridership, in keeping with the Plan Bay Area 2050. For Cotati, this area primarily covers properties along East Cotati Avenue. These 160 of 387
criteria essentially serve to increase residential and commercial densities, support alternative transportation, and reduce the perceived impediments to development. While adoption of the TOC policies is voluntary for Bay Area jurisdictions, TOC compliance will be required to retain eligibility for One Bay Area Grant (OBAG) funds by 2026, which have amounted to approximately $1,000,000 in annual funding for the City of Cotati in recent years.

In April 2024, staff identified a potential opportunity for the environmental analysis being prepared for the SWSP Update to be expanded to additionally analyze the potential impacts of implementing ABAG/MTC TOC policies on the other eligible parcels within the ½ mile radius surrounding the Cotati SMART station (graphic attached). Including this analysis in the environmental impact report (EIR) already underway was approved in order to provide significant cost savings, expedite the analysis, and prepare the City for future adoption of the TOC policies.

In February of 2025 the Santero Way Specific Plan (SWSP) was adopted after 18 months of public engagement, environmental analysis and policy development. One of the core themes of the SWSP is the focus on the neighborhood’s proximity to the SMART station and the benefits of intensified land uses around the train station. These themes are captured through a range of policy ideas often labeled Transit Oriented Development. As was discussed during the review of the Santero Way Specific Plan (SWSP), some of the policies adopted with the SWSP were influenced by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) Transit Oriented Communities (TOC) policy, which comes from their regional planning tool to manage growth in the nine counties of the San Francisco Bay Area, Plan Bay Area 2050+.

Plan Bay Area 2050+ is similar to a General Plan for a city or county but considers and plans for growth on a regional scale. ABAG/MTC identify goals and priorities to guide and manage Bay Area growth and use various methods to achieve compliance with the policies and programs, including allocation of grant funding such as the One Bay Area Grant (OBAG). In Cotati, OBAG provided significant funding for road infrastructure projects in recent years. For local jurisdictions seeking to comply with the Plan Bay Area, TOC has become one of the most impactful planning policies to come out of the 2050+ update process. This policy seeks to intensify land use in close proximity to transit stations and also standardize TOD development criteria throughout the Bay Area.

Because of the unique variety of jurisdictions and transit throughout the region, creation of the TOC policy implementation metrics has been an ongoing and iterative process spanning several years. Since the SWSP project was approved, implementation focus has moved from land use requirements within a ½ mile radius of the SMART station, to more broad policy requirements such as “The Three P’s of Housing”: Production, Preservation, and Protection; automotive and bicycle parking management; and efforts to facilitate circulation and station access. Required implementation of TOC policy is generally limited to the ½ mile radius around the transit stop (see pg. 27 MTC TOC Policy Version 1.1 May 2025), however the nature of some of the policy requirements make limiting enforcement to this geographic area of the City challenging.

In May 2025 the ABAG/MTC TOC policy guidance document was finalized allowing Community Development department staff to pivot their TOC policy efforts to the remaining 161 of 387
properties within the broader half-mile radius from the SMART station not within the SWSP boundary. Due to the unique geography of the City, this primarily encompassed properties on E.

Cotati Avenue, from La Salle Avenue east to the SWSP. While demonstrating compliance with TOC policy direction is important to grant infrastructure funding, taking a thoughtful and community-informed approach to the land use changes in this established area is also critical to the successful implementation of these policies.

On June 25, 2025, staff built upon the outreach and engagement efforts of the SWSP, inviting all residents and property owners within a 500-foot radius of the remaining TOC parcels to a neighborhood meeting at Cotati City Hall. Four people attended the meeting and several others called in to ask questions and voice their perspectives. Generally, interested individuals were supportive of the policy efforts to get more homes constructed and to generate more business activity, but were concerned about parking impacts that could result from these intensified business activities (given the inability of the City to require any parking minimums under the proposed policies).

On September 15, 2025, the Planning Commission considered the strategy and code changes proposed by staff to implement the TOC policy at a workshop. After receiving the staff report and presentation, the Commission discussed the proposed policy changes and voted unanimously to support the staff recommendation, making a few additional recommendations. Specifically, the Commission recommended that the City Council incorporate a micro-distillery land use and ensure vintage clothing stores are permissible in the CMC.

On September 23, 2025, the City Council received the Planning Commission recommendation regarding the strategy and code changes proposed by staff to implement TOC policy and make other proposed Cotati Municipal Code (CMC) revisions, also through a workshop format. After receiving the staff report and presentation, the Council discussed the proposed policy changes and voted unanimously to support the staff recommendation, including the Commission recommendation to incorporate micro-distillery and vintage clothing land uses into the CMC, including in the TOC area.

On November 3, 2025, the Planning Commission held a public hearing to consider a draft ordinance to implement comprehensive set of code amendments to comply with the ABAG/MTC TOC policies as well as make some modifications to the CMC to resolve identified challenges and to implement policy direction received from the Planning Commission and City Council.

After considering the ordinance and receiving the public comment, the Commission voted 2-1 to recommend that the City Council introduce the ordinance. Additional details on the Planning Commission consideration are provided below.

On Dec. 9, 2025, the City Council held a public hearing to introduce and conduct the first reading of a draft ordinance to implement comprehensive set of code amendments to comply with the ABAG/MTC TOC policies as well as make some modifications to the CMC to resolve identified challenges and to implement policy direction received from the Planning Commission and City Council. After considering the ordinance and receiving the public comment, the Commission voted 4-0 to introduce the ordinance and requested that staff review potential impacts to the Oliver’s Shopping Center property. Additional details on the City Council consideration are provided below.
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Analysis/Discussion
OBAG Funding and Eligibility
Future OBAG funding cycles will consider funding revisions that prioritize investments in transit station areas that are subject to and compliant with the TOC Policy. To ensure eligibility for OBAG 4 funding and any other discretionary funding that may be linked to TOC Policy compliance, jurisdictions are being directed to demonstrate compliance prior to adoption of OBAG 4 (expected in Spring 2026). Compliance with TOC policies is measured on a 100-point scale equally measured across four categories: Density, Housing, Parking, and Station Access (25 points each). These categories are further divided into specific standards and policy areas, each of which is assigned a numeric point value.

The results of ABAG/MTC's TOC applied Scoring Criteria will classify local governments as Fully, Partially, or Not Compliant, impacting each governments competitiveness with future funding (like OBAG 4). Points are proposed to be awarded for partial or substantial progress to incentivize implementation, using tiered compliance levels based on the allocated scores.

TOC Policy Core Components & Scoring

1. Density (25 pts): Measures minimum/maximum residential (units/acre) average & commercial (FAR) densities for new development in TOC areas, with tiers for compliance. In Cotati (Tier 4), compliant TOC density is an average of 25-35 units per acre across all TOC eligible parcels.

2. Housing (25 pts): Covers affordable housing production, preservation, protection, and commercial stabilization policies, with points for adopting specific policies (e.g., inclusionary zoning, overlay zones). Generally, policies for each category are able to be chosen from a menu of available options.

3. Parking (25 pts): Evaluates auto-parking management regulations (including AB 2097 compliance) and includes maximum parking limitations (1.5 spaces/unit or 4/1000 sq ft) for residential/commercial uses.

4. Station Access (25 pts): Focuses on improving transit access, including bike/pedestrian networks and reducing car dependency near stations.

Compliance Levels
Jurisdictions are categorized by their total score:
• Level 1 (85-100 pts): Fully Compliant
• Level 2 (40-84 pts): Partially Compliant
• Level 3 (0-39 pts): Not Compliant
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Land Use and Planning Considerations
City Council Direction
During the December 9, 2025, public hearing to consider the proposed TOC implementation options, the City Council indicated general support for the Planning Commission recommendations, both regarding TOC policy implementation and the proposed “clean up” changes. After receiving the presentation on the proposal, asking questions to ensure complete understanding and taking public comments, the Council was supportive of the proposed CMC amendments but identified two concerns, Parking Unbundling and a potential loss of commercial land uses in the TOC zone (specifically the Olivers Shopping Center property). Members of the public had voiced concerns that unbundling of parking could result in rent increases due to parking being identified as an “added amenity” to existing residential units. Additional concerns were voiced that this change would disproportionately impact lower income residents and create parking impacts on surrounding residents and neighbors.

Separately, the Council identified concerns with the potential conversion of existing commercial property to residential land uses, as would be allowed under the proposed changes. In voicing these concerns, the Council directed staff to provide a “case study” of the Oliver’s shopping center TOC zoning to provide additional information and analyzing re-development allowances under current housing regulations, as well as those allowed under the proposed TOC rezoning.

This analysis is provided as an attachment to this staff report.

Staff Response
As originally proposed, staff set a goal of the City being fully compliant with TOC policies through TOC ordinance implementation. Since the City Council introduction of the ordinance, ABAG/MTC has provided some initial scoring feedback. Additionally, staff indicated the 164 of 387
maximum possible loss in points if the Oliver’s Shopping Cener were removed from the TOC zone. Finally, comments were received by a developer regarding unit conversions as it relates to the viability of multi-family housing financing. See below for a summary of the potential compliance impacts based on available information and directed changes.

ABAG/MTC Comment-None of the documents referenced include a TOC consistent bus access improvement. While the first- and last-mile components of the Mobility Hub implementation may increase access to bus routes, no specific projects, route improvements, or transit agencies are named, and therefore the potential for gap closure cannot be assessed. Please review and reference operational studies/plans by Sonoma County Transit, for potential bus access projects.

Maximum Identified Compliance Impact: -7 points
Council Direction-Remove Unbundled Parking due to concerns with rent cost increases. • Maximum Identified Compliance Impact of not allowing unbundled parking: -1 point Council Concern-Inclusion of the Olivers Shopping Center in the TOC zoning district could result in redevelopment of the property into residential units and a loss of substantial commercial land uses within the City. Request staff provide a case study of the Olivers property development potential under the current CE zoning district (including current allowances under existing state housing laws) and the potential under the proposed TOC zoning district. • Maximum Identified Compliance Impact of removing the Oliver’s Shopping Center from the TOC zone: -20 points
Developer Concern-Preventing the (future) conversion of multi-family residential rental projects to for-sale condominiums could be problematic for financing of these projects.

Developer input has indicated that lenders often see the potential for future conversion of multifamily housing into condominiums as an opportunity to manage risk. If the bank has to foreclose on the development and sell it to recoup their investment, converting the individual units to condominiums is an opportunity to sell the units to individual residents if the bank cannot sell the larger project. If this change is made, it is unclear how it will impact the TOC preservation policy compliance scoring, but an estimated compliance impact is provided. • Estimated Compliance Impact to allow unit conversions: -4 points Based on this feedback, the staff recommendation is to:

1. Review the ABAG comment regarding transit improvements and look to potentially incorporate changes/projects to further supplement the City compliance and improve the overall circulation function of the TOC area. This would be a separate action from the Ordinance, if pursued.

2. Remove unbundled parking as an option in the proposed ordinance. To implement this change, staff have removed unbundled parking as an option in the proposed ordinance.

3. Keep the Oliver’s Shopping Center in the TOC zone, as described in the attached case study. No changes to the ordinance are proposed.
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The above staff recommendations do not require a re-introduction of the ordinance because they do not expand the allowances proposed under the land use changes. Rather, they are a reduction in the scope of these changes and are therefore permitted as part of the City Council review and action on the TOC Rezoning Ordinance.

Lastly, it is recommended that the City Council also discuss allowing conversion of multi-family rental units built after Dec. 31, 2025 to condominiums, provided that they meet certain requirements. To guide this conversation, staff have added draft language to the ordinance that would allow such a conversion. However, this draft language must be stricken before adopting the ordinance, as it was not previously considered. If the City Council directs staff to move forward with this change, it will require a spot amendment of the ordinance at a future publicly noticed hearing.

IV. General Plan Consistency
These ordinance changes have been reviewed for compliance and consistency with the Cotati General Plan, including the Housing Element. Staff analysis has identified the following General Plan policies and actions as supporting the proposed changes to the municipal code and other policy implementation strategies:

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

Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character.

Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the nonresidential activities would not be adversely affected.

Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

In addition, these amendments are consistent with and implement the following General Plan policies and programs:

Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.
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Policy CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

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

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

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

Staff response: The proposed amendments will help to further the established goals, policies, and implementation programs of the General Plan, including the Housing Element and Santero Way Specific Plan to reduce greenhouse gas production and improve air quality by providing additional opportunities for alternative transportation and walkability; maintaining the supply of developable land and expand housing opportunities through increased density and increased development certainty, including on infill sites along E. Cotati Avenue and Santero Way; directing that the layout and design of new development encourages the use of alternative transportation; conserving resources by encouraging the efficient use of land and allowing more intense development of both residential and commercial land uses; and using land appropriately by increasing the intensity of development in close proximity to the train station and along one of the City’s primary commercial corridors.

Financial Considerations
Other than the staff time required to conduct the analysis and present the information, no direct financial impacts to the general fund were identified resulting from the analysis of TOC policy compliance. However, as has been identified, OBAG funding eligibility is being updated to include TOC compliance as a critical factor in fund allocation and grant approval. Given that a significant portion of the City’s capital improvement plan (CIP) budget has historically been funded by OBAG funds, a lack of compliance with TOC policy could significantly impact the City’s ability to fund future CIP projects. Additionally, a strong TOC compliance score could allow the City to increase its competitiveness for these funds and receive additional funding.

Because ABAG/MTC is still finalizing the TOC compliance criteria, the scope and benefit of this additional competitiveness is undetermined.

Environmental Issues
In keeping with CEQA Guidelines Section 15168(a), a Program Environmental Impact Report (PEIR) was prepared to analyze and evaluate the environmental impacts associated with the Santero Way Specific Plan Update and implementation of the Transit Oriented Communities (TOC) zoning updates. In accordance with CEQA Guidelines Section 15094(d), after the City Council approved adoption of the Specific Plan Update, the city filed a Notice of Determination with the County Clerk. Following adoption of the updated SWSP, proposed development projects that are consistent with the Specific Plan would undergo a streamlined CEQA review 167 of 387
process. The proposal to adopt an ordinance implementing the TOC policies is seen as consistent with the EIR analysis and determination, as well as the environmental impact analysis of the Cotati General Plan EIR.

Both of these complete EIR (draft and Final) documents and all appendices are available for public review on the City website. These documents include impact analysis across all categories analyzed under CEQA; all comments received throughout the process and responses to each; summary of impacts all mitigation measures identified to mitigate to less than significant impacts.
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Oliver’s Parcel TOC Case Study
Question(s): What residential development is currently permissible on the Oliver’s site and what is the impact of removing the Oliver’s property from the TOC rezoning? Description of the Existing Zoning District
Commercial, East Cotati Avenue Corridor (CE) Zoning District. The CE zoning district is a mixed-use classification that is applied to specific parcels on both sides of East Cotati Avenue, from Arthur Street east to the city limits. The corridor is appropriate for a wide range of retail and service land uses that primarily serve local residents and businesses, including offices, shops, personal and business services, and small-scale restaurants, where structures fronting East Cotati Avenue are generally two stories. Residential uses may also be accommodated as part of mixeduse projects, at a maximum density of up to 15 dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CE zoning district is consistent with and implements the office, and general commercial land use designations of the general plan.

Olivers Shopping Center Parcel: 7.61 Acres

Existing CE Zoning
• 15 units/acre (91-114 residential units potential*)
*25% of the developed square footage must be commercial/retail/office space to ensure development is mixed use.

Summary of Existing Zoning Development Potential/Allowances The existing CE zoning would allow re-development of the Oliver’s Shopping Center Parcel with 12-15 units per acre (91-114 residential units) as a part of a mixed-use development which maintains the defined amount of commercial/retail/office uses. However, even if the City Council keeps the zoning as it currently is, redevelopment of the property utilizing one or more of the recent State laws (see summary, below) could allow redevelopment to occur as a pure residential or as a mixed-use project (with 25-percent of the development square footage as commercial), at a housing capacity of 182-228 units, depending on affordability levels, construction workforce requirements and other identified factors.

TOC Compliant Zoning District (Proposed)
• 25-35 units/acre (190-266 units (upzoning) potential*) *25% of the developed square footage must be commercial/retail/office space to ensure development is mixed use.
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If the City Council adopts the proposed TOC zoning, the Oliver’s Shopping Center parcel could redevelop with 190-266 residential units as part of a purely residential or as mixed-use development which maintains the defined 25-percent of commercial/retail/office uses, and potentially up to 380-532 dwelling units leveraging recent changes in state housing laws.

TOC compliance requires a minimum base residential and commercial “density” across all eligible parcels to receive the maximum 25 points in the “Density” category. Removing the Oliver’s Shopping Center Parcel (7.61 acres) from the TOC rezoning ordinance would either:

1. Result in the need to further upzone the remaining TOC parcels; or

2. Result in the City not receiving the full 25 points allocated for the “Density” category.

Below is a summary of how each option may impact TOC eligibility based on staff’s current understanding of the compliance determination and scoring.

1. Upzone Other TOC Eligible Parcels in Lieu of the Olivers Shopping Center Staff have identified that the total number of parcels proposed for rezoning is approximately 124 individual lots, totaling 36.25 acres. 25 parcels are being proposed for the TOC District and 99 for the Santero Way (SW) District. To retain full TOC “Density” compliance and remove the

7.61-acre parcel developed with the Olivers Shopping Center, the City would need to increase the allowable residential density on the remaining 28.64 acres to accommodate the 99-152 units “lost” due to not upzoning this parcel (99-152 is the delta between the residential density allowed under the current CE zone (91-114) and that prescribed under the TOC density (190-266)). One way this could be accomplished is by further “upzoning” the remaining 24 parcels (which total

25.35 acres) proposed for TOC zoning with a new theoretical density range of 29-41 units per acre for these TOC parcels.

For simplicity and consistency with past commitments to existing residents residing in the Santero Way Specific Plan area, staff did not include the 99 parcels in the SW zoning district in the conceptual “upzoning”.

2. City Failure to Receive Full Density Category Points (25) An alternative to reallocating the units lost due to not including the Oliver’s 7.61-acre parcel is simply to not meet the TOC residential density average of 25-35 units per acre across all TOC eligible parcels. Staff does not have insight into the scoring impacts associated with this decision.

However, given that the density category includes both residential and commercial density, and that a significant majority of the eligible properties would be compliant. A conservative assumption would be a 20-point penalty for non-compliance.

Summary
If the City Council were to simply remove the Oliver’s Shopping Center from the TOC zone, it is likely that the City would not be viewed as fully compliant with the TOC requirements (score less than 85). This would likely have negative ramifications for future infrastructure funding and is not recommended.
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Alternatively, the City Council could “shift” the housing units to other eligible parcels, which would require higher densities on the remaining parcels to avoid adding units the Oliver’s Shopping Center parcel. It is estimated that the other parcels would see an increase in density from a balanced 25-35 units per acre across the TOC area to 29-41 units per acre on the remaining parcels in the zone. These parcels as well as the Oliver’s property would continue to be subject to State Housing laws, which could result in additional density available above that allowed under the adopted “base” zone. This approach would likely reduce the TOC compliance score since all eligible parcels are not being “upzoned”, but not to the same degree that simply removing it from the zone would incur.

As proposed, the City Council could evenly distribute the housing density throughout the TOC eligible parcels, including the Oliver’s Shopping Center. Fundamentally, the TOC zoning designation increases the density of housing that is currently allowed in CE zone from 12-15 units per acre to 25-35 units per acre. This does not change the current zoning requirement for mixed-use development on this parcel. While there are no proposals to add housing currently, the increase in density would likely increase its financial viability. A housing project could add housing units as additional stories to the existing commercial buildings or could seek to redevelop portions of the site with stand-alone housing. While there is no ability to forecast a future proposal, under the existing or proposed zoning districts, Oliver’s Market is a regional draw that is likely to be integrated into any potential redevelopment of this property as a key amenity and profitable land use.
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Multifamily & Mixed Use By-Right Housing Laws in California SB 35 / SB 423 (2017, expanded 2023)
• Mechanism: Ministerial approval for multifamily housing if jurisdiction is not meeting RHNA or lacks certified housing element (expanded under SB 423). • Eligibility:
o ≥ 2 units.
o Infill sites (≥ 75% urban perimeter).
o Located in urbanized area.
o Zoned for residential/mixed use (or commercial under SB 6). o Compliance with objective zoning, design, subdivision standards. o Affordability: minimum % of BMR units (10–50+, depending on RHNA status). o Labor: prevailing wages (>10 units), skilled & trained workforce (≥ 50 units), healthcare requirements, etc..
o No CEQA review.

AB 35 (2024/2025)
• Mechanism: Streamlined ministerial approval for multifamily/mixed-use projects in underperforming RHNA jurisdictions.
• Eligibility:
o ≥ 2 units (minimum two net new).
o Mixed-use: ≥ 66% of building area residential.
o Compliance with objective local planning standards (density, height, design). o Affordable housing thresholds tied to RHNA performance (e.g., 10% VLI, 50% LI depending on status).
o May include additional labor/site criteria (affordability covenant, certain site/location standards).
o No discretionary review.

AB 2011 (2022)
• Mechanism: Ministerial, CEQA-exempt approval for multifamily housing in commercial zones (on “commercial corridors”).
• Eligibility:
o Commercially zoned site (office/retail/parking zones) or corridor frontage ≥ 50 ft. o Two tracks:
 100% affordable projects.
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 Mixed-income (≥ 15–20% affordable to qualify).
o Must meet specified residential density.
o Must comply with objective standards from comparable residential zoning. o Prevailing wage requirement.
o Allows Density Bonus layering.
o Cap tube: ministerial CEQA-exempt process in 90 days (≤150 units).

SB 6 (Middle-Class Housing Act, 2022)
• Mechanism: Residential is allowed “by-right” in commercial zones without requiring rezoning; can layer SB 35 or HAA.
• Eligibility:
o Office/retail/parking zone.
o ≥ 50% residential (mixed-use) or full residential.
o Site ≤ 20 acres.
o Located in urbanized area.
o Density requirements: ~20–30 du/ac depending on context. o Prevailing wage and skilled workforce required.
o CEQA review still applies unless other exemption applies.

AB 130 / SB 131 (CEQA Reform, 2025)
• Mechanism: Statutory CEQA exemption for qualifying infill housing; combined with ministerial review.
• Eligibility:
o “Housing development project” (multifamily, mixed-use where ≥ 2/3 floor area residential).
o Located in incorporated city or unincorporated “urban area.” o Not on sensitive sites (wetlands, farmland, fire zones, etc.). o ≤ 20 acres (5 acres for builder’s remedy).
o Meets objective zoning, plan, design standards, including labor terms; must be consistent with general plan and zone.
o Ministerial review—no public hearings, no CEQA.

State Density Bonus Law (§ 65915)
• Mechanism: Provides ministerial entitlement, incentives, concessions, waivers, and including density above zoning limits for projects offering affordable or senior housing. • Eligibility:
o Multifamily development.
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o Offers specified % affordable units (low- or very low-income). o May stack incentives (height, density, parking).
o Automatic ministerial review with objective standards. 174 of 387
DRAFT Evaluation Criteria Framework - MTC Transit-Oriented Communities Policy April 2025
MTC is sharing this DRAFT TOC Evaluation Criteria Framework so jurisdictions can test the framework and provide more detailed feedback to MTC staff alongside the slide deck/ material provided at stakeholder meetings and the May 2025 Joint MTC Planning and ABAG Administrative Committee meeting.

Proposed weights, scores, and thresholds for substantial or partial compliance are conceptual at this stage and are subject to change. This does not represent a final score and is not a determination of whether a jurisdiction complies with the TOC Policy. We look forward to your feedback on this and please don't hesitate to reach out to [email protected] with any questions. An asterisk (*) indicates draft numbers subject to change.

Density (25 points total)
Minimum Density – Residential (DU/A) Weight: 8 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score
Fully compliant: meets or exceeds the standard 100 75 50 25 8* Substantial compliance: 85% of required standard 85* 64* 43* 21* 6* Partial compliance: 75% of required standard 75* 56* 38* 19* 4* Minimum Density – Commercial Office (FAR) Weight: 4 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score
Fully compliant: meets or exceeds the standard 4.0 3.0 2.0 1.0 4* Substantial compliance: 85% of required standard 3.40* 2.55* 1.70* 0.85* 3* Partial compliance: 75% of required standard 3.00* 2.25* 1.50* 0.75* 2* Maximum Density – Residential (DU/A) Weight: 8 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score
Fully compliant: meets or exceeds the standard 150 100 75 35 8* Substantial compliance: 85% of required standard 128* 85* 64* 30* 6* Partial compliance: 75% of required standard 113* 75* 56* 26* 4* Maximum Density – Commercial Office (FAR) Weight: 5 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score
Fully compliant: meets or exceeds the standard 8.0 6.0 4.0 3.0 5* Substantial compliance: 85% of required standard 6.80* 5.10* 3.40* 2.55* 4* Partial compliance: 75% of required standard 6.00* 4.50* 3.00* 2.25* 3* Affordable Housing / Commercial Stabilization (25 points total) Production Policies (2) Weight: 8 points*
DRAFT*
Score
Fully compliant: two adopted policies 8*
Partial compliance: one of the two required policies is adopted 4* Preservation Policies (2) Weight: 8 points*
DRAFT*
Score
Fully compliant: two adopted policies 8*
Partial compliance: one of the two required policies is adopted 4* Protection Policies (2) Weight: 8 points*
DRAFT*
Score
Fully compliant: two adopted policies 8*
Partial compliance: one of the two required policies is adopted 4* Commercial Stabilization Policy (1) Weight: 1 point*
DRAFT*
Score
Fully compliant: meets or exceeds the standard 1 or 0*
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Parking (25 points total)
Minimum Auto – Residential Weight: 2 points*
DRAFT*
Score
2 points if jurisdiction demonstrates that it prohibits minimums via attestation/resolution of AB 2097 compliance or code snippet 2 or 0*
Minimum Auto – Commercial Weight: 2 points*
DRAFT*
Score
2 points if jurisdiction demonstrates that it prohibits minimums via attestation/resolution of AB 2097 compliance or code snippet 2 or 0*
Maximum Auto – Residential (spaces/unit) Weight: 6 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score
Fully compliant 0.375 0.5 1.0 1.5 6*
Substantial compliance 0.4* 0.6* 1.2* 1.8* 4*
Partial compliance 0.5* 0.7* 1.3* 2.0* 2*
Maximum Auto – Commercial (spaces/ 5,000 sq. ft.)
Weight: 6 points*
Tier 1 Tier 2 Tier 3 Tier 4 DRAFT*
Score
Fully compliant 0.25 1.6 2.5 4.0 6*
Substantial compliance 0.29* 1.9* 2.9* 4.7* 4*
Partial compliance 0.33* 2.1* 3.3* 5.3* 2*
Minimum Bicycle – Residential (spaces/ unit) Weight: 3 points* DRAFT*
Score
Meets required minimum of 1 bike space per dwelling unit 3*

0.85 to 0.99 bike space per dwelling unit 2*
Minimum Bicycle – Commercial Office (spaces/5,000 sq. ft) Weight: 3 points*
DRAFT*
Score
Meets required minimum of 1 bike space per 5000 square feet 3*

0.85 to 0.99 bike space per 5000 square feet 2*
Allow Unbundled Parking Weight: 1 point*
DRAFT*
Score
1 point if jurisdiction has adopted the policy 1 or 0*
Allow Shared Parking Weight: 1 point*
DRAFT*
Score
1 point if jurisdiction has adopted the policy 1 or 0*
Parking Management Policy Weight: 1 point*
DRAFT*
Score
1 point if jurisdiction has adopted an applicable policy 1 or 0* Station Access & Circulation (25 points total)
Compliant Complete Streets Policy Weight: 3 points*
DRAFT*
Score
3 points if jurisdiction has adopted an applicable policy 3 or 0* Prioritize or Implement Active Transportation Projects Weight: 7 points* DRAFT*
Score
7 points if jurisdiction has prioritized or implemented active transportation projects 7 or 0* Compliant Access Gap Analysis Weight: 8 points*
DRAFT*
Score
8 points if jurisdiction has adopted a compliant access gap analysis 8 or 0* Compliant Mobility Hub Plan/ Project/ Application Weight: 7 points* DRAFT*
Score
7 points if jurisdiction has adopted a compliant mobility hub plan/ project/ application 7 or 0* 176 of 387
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of Zoning District
General Plan Designation Implemented by Zoning
District
Location
within
Transect
Low Density and Neighborhood Zones
OSC Open Space, Conservation Open Space MORE
RURAL
OSR Open Space, Recreation Parks –
RR Rural Residential Rural –
RVL Residential Very Low
Density
Low Density Residential –
NL Neighborhood, Low
Density
Low-Medium Density Residential –
NM Neighborhood, Medium
Density
Medium Density Residential TO
NU Neighborhood, Urban High Density Residential –
Mixed Use Corridor and Downtown Zones
CE Commercial, East Cotati
Ave. Corridor
Office, General Commercial –
CG Commercial, Gravenstein
Corridor
Highway Commercial, General Commercial –
CA Commerce Avenue Downtown Specific Plan –
NG Northern Gateway Downtown Specific Plan –
CD Downtown Commercial General Commercial, La Plaza Specific Plan – HC Historic Core Downtown Specific Plan –
LP La Plaza Downtown Specific Plan --
SWSP Santero Way Specific Plan Santero Way Specific Plan -- TOC Transit Oriented
Community
General Commercial, High Density Residential; Santero
Way Specific Plan; Open Space/Parks
MORE
URBAN
Districts
CI Commercial/ Industrial
District
Commercial/ Industrial Industrial
Special Purpose and Overlay Zones
CP Coordinated Planning
Overlay
All
177 of 387
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of Zoning
District
General Plan Designation Implemented by Zoning District Location within
Transect
MHP Mobilehome Park
Overlay
All Residential
MHPSSenior Mobilehome
Park Overlay
All Residential Citywide
PF Public Facility Public Facilities
TOC Transit Oriented
Community Overlay
Specific Plan; Open Space/Parks; Low-Medium Density
Residential Medium Densit Residential; High Density
Residential; General Commercial;
SPSW Specific Plan,
Santero Way
General Commercial, High Density Residential; Open
Space/Parks; Santero Way Specific Plan All
SPD Specific Plan,
Downtown
General Commercial, Low Density Residential, Open
Space/Parks
(Ord. 923 § 5, 2023; Ord. 895 § 2(A) Exh. 2 (part), 2020: Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).

TOC Density and F.A.R. compliance

17.20.030 Purposes of the zoning districts
B. Mixed Use Corridor and Downtown Zones.

1. CE (Commercial, East Cotati Avenue Corridor) Zoning District. The CE zoning district is a mixed use classification that is applied to specific parcels on both sides of East Cotati Avenue, from Arthur Street east to the city limits. The corridor is appropriate for a wide range of retail and service land uses that primarily serve local residents and businesses, including offices, shops, personal and business services, and small-scale restaurants, where structures fronting East Cotati Avenue are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre.

The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title.

The CE zoning district is consistent with and implements the office, and general commercial land use designations of the general plan.

2. CG (Commercial, Gravenstein Corridor) Zoning District. The CG zoning district is a mixed use classification that is applied to both sides of the Gravenstein Highway from Highway 101, west to the city limits. The corridor is appropriate for a wide range of retail and service land uses that serve both the local population and 178 of 387
regional markets, including retail uses and restaurants, with additional uses such as personal and business services, and offices limited to the second floor along the Gravenstein frontage, where structures fronting Gravenstein are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title.

The CG zoning district is consistent with and implements the general commercial land use designations of the general plan.

3. CD (Downtown Commercial) Zoning District. The CD zoning district is applied to the downtown area of Cotati, encompassing the historic plaza area, and extending south along Old Redwood Highway to Page Street, and north to Highway 101, including properties along Commerce Avenue. The CD zoning district is appropriate for a wide variety of land uses, with retail and other pedestrianoriented uses on the ground floors of street fronting structures, and residential units or offices allowed on second or third floors, at a maximum density of fifteen dwelling units per acre. Street fronting structures are generally two stories. The allowable intensity of non-residential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title.

The CD zoning district is consistent with and implements the general commercial land use designation of the general plan, and the La Plaza specific plan.

4. TOC (Transit Oriented Community) Zoning District. The TOC District is applied to all areas appropriate for a variety of higher-density mixed use development types, neighborhood-serving commercial, and light-manufacturing/maker type uses on parcels with frontage on East Cotati Avenue and the northern portion of Santero Way, closest to the train station. The allowable base density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of 3.0.

5. SW (Santero Way Specific Way) Zoning District. The SW District is applied to areas appropriate for a variety of higher-density residential and mixed-use development types, including multi-family housing, condominiums, and townhomes. The allowable residential density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of 3.0. Commercial uses are limited to neighborhood serving retail and live-work applications associated with a residential development project. Unlike the TOC District, 100% commercial development is not allowed in the SW District. Additionally, select allowances for low-intensity industrial land uses are applied to parcels with existing buildings to facilitate maximum functionality prior to anticipated redevelopment. 179 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product
processing
– – – – -- –
Artisan/craft product
manufacturing
MUP MUP MUP MUP MUP MUP See Note 5 Below
Brewery – Brew pub MUP MUP MUP MUP MUP --
Brewery – Production – – – -- -- –
Construction contractor – – – – -- UP*
Food and beverage product
manufacturing
– – – – -- MUP*
Furniture and fixtures
manufacturing, cabinet shop
– – – -- MUP MUP*
Industrial research and
development
– -- – MUP MUP MUP*
Laboratory – Medical,
analytical, research and
development
-- -- – MUP MUP MUP*
Laundry, dry cleaning plant – – – – -- –
Manufacturing/processing –
Light
– – – -- MUP MUP*
Manufacturing/processing –
Medium intensity
– – – -- -- –
Manufacturing/processing –
Heavy
– – – – -- –
Media production -- -- – P P MUP*
Microdistillery -- -- UP UP UP --
Printing and publishing -- -- – MUP MUP MUP*
Recycling – Reverse vending
machine
-- -- – – – –
Recycling – Small collection
facility
-- -- – -- -- – 17.42.150
180 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Recycling – Medium
collection facility
– – – -- -- – 17.42.150
Storage – Outdoor – – -- -- UP UP* 17.42.140
Storage – Personal storage
facility (mini-storage)
– – – – – –
Storage – Warehouse, indoor
storage
– – – -- – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – -- UP UP UP –
Winery – Production – – – -- -- –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – -- – 17.40
Commercial recreation facility
– Indoor

UP UP UP UP UP UP
Commercial recreation facility
– Outdoor
– – – -- – –
Conference/convention
facility
-- -- UP UP UP --
Health/fitness facility UP P P P P MUP
Library, museum P -- P P P --
Meeting facility, public or
private
-- UP UP UP UP --
Park, Playground P P P P P P
School – Specialized
education/training

UP UP UP UP UP UP
Sports and entertainment
assembly
– – UP UP – --
Studio – Art, dance, martial
arts, music, etc.

P P P P P P
Theater UP -- MUP MUP MUP UP*
181 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Residential Uses
Accessory dwelling unit P P P P P P 17.42.170
Emergency/transitional
shelter
S S S S S -- 17.42.072
Home occupation P P P P P P 17.42.080
Live/work unit UP UP P UP UP UP 17.42.090
Low barrier navigation center P P P P P –
Mobile Home Park UP UP UP UP UP UP 17.42.11
Multifamily Plex housing -- -- -- -- UP MUP 17.39.03 & 17.39.04 Multifamily housing 10+ units UP UP UP UP UP P 17.28.050 & 17.39.030 Residential care facility for
the elderly (RCFE)
-- UP UP UP UP UP
Residential care facility, 7 or
more clients
-- UP – – UP UP
Residential component of a
mixed use project
P P P P P P 17.39.030, 17.39.040, 17.42.100
Supportive housing P P P P P P
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales –
Associated with a
restaurant(4)
P P P P P P 17.42.030
Alcoholic beverage sales-off
sale
UP UP UP UP UP – 17.42.030
Antique or collectible store P P P P P –
Artisan/craft project
manufacturing

MUP MUP MUP MUP MUP MUP
Artisan shop P P P P P MUP
Auto and vehicle sales and
rental
– UP – MUP MUP –
182 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Auto parts sales with no
installation services
– -- P P P –
Bar, tavern UP UP UP UP UP –
Brewery-Brew pub MUP MUP MUP MUP MUP
Building and landscape
materials sales-Indoor or
Outdoor
– -- – MUP MUP –
Construction and heavy
equipment sales and rental
– – – -- -- – 17.42.130
Convenience store -- -- UP UP UP –
Drive-through retail – -- – -- – – 17.42.070
Extended hour retail UP MUP P P MUP –
Farm supply and feed store – -- – -- MUP –
Farmers market(8) MUP MUP MUP MUP MUP --
Formula-based fast food
restaurant
-- -- S S S – 17.42.071
Furniture, furnishings and
appliance store
UP MUP MUP MUP MUP –
General retail – Less than
5,000 sq. ft.

P P P P P P
General retail – 5,000 sq. ft.
to 20,000 sq. ft.

P MUP P P P MUP
General retail – More than
20,000 sq. ft.
-- -- MUP MUP MUP –
Groceries, specialty foods –
10,000 sq. ft. or less
P P P P P –
Groceries, specialty foods –
More than 10,000 sq. ft.
-- -- P UP P –
Mobilehome, boat, or RV
sales
– – MUP MUP MUP –
Night club UP UP UP – UP –
183 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Outdoor display and sales MUP MUP MUP MUP MUP – 17.42.130 Plant nursery – MUP MUP MUP MUP –
Restaurant – Outdoor dining
on private property(6)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP P/MUP 17.42.130(E)
Restaurant – Outdoor dining
in public right-of-way
P P P P P P 17.42.130
Restaurant, cafe, coffee shop P P P P P P
Retail complex -- -- UP UP UP –
Retail display gallery P P P P P P 17.90.020
Retail Tobacco Store -- -- -- -- -- --
Second hand store UP UP UP UP MUP –
Service station (nonfossil
fuels sales)
-- -- -- UP UP – 17.42.180
Tasting room P P P P P P
Warehouse retail – UP UP UP UP –
Services – Business, Financial, Professional

ATM P P P P P P
Bank, financial services P P P P P –
Business support service P P P P P –
Medical services – Doctor
office
UP P P P P –
Medical services – Clinic,
urgent care
UP – P P P –
Office – Accessory P P P P P P
Office – Business/service MUP P P P P –
Office – Government UP MUP MUP MUP MUP --
Office – Processing UP(2) MUP MUP MUP MUP –
Office –
Professional/administrative
P P P(2) P P –
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Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Veterinary clinic, animal
hospital

P P P P P MUP
Services – General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP UP UP UP UP --
Catering service – – – MUP MUP –
Child day care center P P P P P UP
Drive-through service – -- – – – – 17.42.070
Equipment rental – – – UP UP – 17.42.140
Kennel, animal boarding – -- – -- -- –
Lodging – Bed and breakfast
inn (B&B)

P P P UP P UP
Lodging – Boutique hotel or
motel
UP UP MUP MUP P –
Lodging – Hotel UP UP MUP MUP UP –
Maintenance service – Client
site services
– – MUP P P –
Mortuary, funeral home -- – – UP UP –
Personal services P P P P P MUP
Personal services –
Restricted
-- – – – – –
Public safety facility -- UP UP UP UP --
Repair service – Equipment,
large appliances, etc.
– – – P P –
Social service organization -- UP(2) UP(2) UP UP --
Vehicle services – Major
repair/body work
– – – -- -- –
Vehicle services – Minor
maintenance/repair
– – – UP UP –
Transportation, Communications and Infrastructure
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Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)
HC LP NG CA TOC SW Specific Use Regulations
Ambulance, taxi, or limousine
storage
– – – – -- –
Broadcasting studio UP(2) UP(2) UP(2) UP MUP –
Electric vehicle charging station(7) P P P P P P 14.38
Mobility Hub P P P P P --
Parking facility, public or
commercial

UP UP UP UP UP --
Telecommunications facility S S S S S S 17.44
Transit station or terminal -- UP UP UP UP --
Utility facility UP UP UP UP UP UP
Key to Zoning District Symbols
HC Historic Core CA Commerce Avenue
LP La Plaza TOC Transit Oriented Communities
NG Northern Gateway SW Santero Way
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, TOC, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.
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(6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.
(8) Fees for farmers market 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 hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion. *Use Allowed only in existing (as of 2025) structures as an interim occupancy until property is redeveloped. Uses are not permitted upon or after redevelopment of SW designed properties.

Table 2-17
SW Zone Development Standards
Development Standard SW Zone Requirement
Setbacks – See CMC Section 17.30.020 for exceptions.

Front 0-10 ft.
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Side – Interior (each) 10 ft.

Side – Streetside 0-10 ft.

Rear 10 ft.

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

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

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

Maximum height 40 ft.

Table 2-18
TOC Zone Development Standards
Development
Standard
TOC Zone Requirement
Setbacks – See Section 17.30.020 of the CMC for exceptions. 188 of 387
Front 0-10 ft.
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Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise Side – Streetside 0-10 ft.

Rear 20 ft. abutting a residentialzone, 10 ft. required otherwise Accessory structures See CMC 17.42.160 (Residential accessory uses and structures)
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

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

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

Maximum Height 45 ft.; 55 ft. with use permit
Accessory structures See CMC Section 17.42.020
Housing Production-Streamlined Entitlement Process
§ 17.30.082 Residential conversions and demolition.

The use of a structure designed and constructed as a dwelling with a nonresidential use, and the use of a structure designed and constructed for nonresidential use as a dwelling and/or the demolition of a residential unit(s) shall comply with the following requirements:

A. Residential to Nonresidential Conversion. The conversion of an existing dwelling in RR, RVL, NL, NM, or NU zones for occupancy by a nonresidential use shall require a minor use permit. Minor use permit approval shall require that the review authority first make one of the following findings:
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1. An equivalent number and type of new housing will be constructed elsewhere in the city;

2. There exists an adequate supply of housing units in the city to meet current and projected housing needs; or

3. The proposed conversion is essential for the health and safety of the community.

B. Nonresidential to Residential Conversion. The use of a structure that was designed and constructed for nonresidential use as a dwelling shall require that the structure first be brought into compliance with all applicable current requirements of this land use code, including the applicable zoning district, and the building code.

C. Demolition of residential unit(s). The demolition of a residential unit (or units) is subject to the no net loss provisions of state law including tenant relocation funds to be provided by the developer; replacement of demolished unis with units of similar size, bedroom count and amenities onsite; the right of first refusal for existing residents to be offered newly developed units at the same affordability level of the occupied units proposed to be demolished; and written notification of the pending demolition to be provided to current residents and the Cotati Community Development Department a minimum of six months prior to the demolition occurring.

TOC Parking Requirements

17.36.040 General parking regulations.

A. Location of Parking on a Site. Parking and loading spaces shall be located as required in Section 17.36.090(A).

B. Timing of Installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this chapter are in place and approved by the city.

C. Parking and Loading Spaces to Be Permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve, notwithstanding replacement of religious-use parking as provided for in Government Code Section 65913.6. The approval of a limited term permit (Section 17.62.030), may allow the temporary use of a parking or loading space for other purposes.

D. Parking and Loading to Be Unrestricted. An owner, lessee, tenant, or other person, having control of the operation of a premises for which parking or loading spaces are 191 of 387
required by this chapter, shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the director.

E. A parking management plan is required to be submitted with each multi-family and/or mixed-use project.

F. Vehicles for Sale. See Section 17.42.045 (Auto and vehicle sales). (Ord. 918 § 14, 2023; Ord. 766 § 2 Exh. A (part), 2004).

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Transit Oriented Communities (TOC) Overlay
Mixed Use/Multifamily Residential 1.5 spaces per residential unit maximum All Commercial/Office 1 space for each 250 sq. ft. of commercial use areas maximum Manufacturing Processing and Warehousing
All manufacturing, industrial, and
processing uses, except as
follows:
1 space for each 250 sq. ft. of office area;
1 space for each 1,000 sq. ft. of ground and/or building area devoted to other than office;
1 space for each company vehicle.

Industrial research and
development, laboratories
1 space for each 400 sq. ft. of floor area, plus 1 space for each company vehicle.

Recycling facilities
Medium collection facilities Determined by minor use permit.

Small collection facilities Determined by minor use permit.

Recreation, Education, Public Assembly
Bar/tavern, night club (not within a
retail complex)
1 space for each 50 sq. ft. of seating area and waiting/lounge area exclusive of dance floor, and 1 space for each 30 sq. ft. of dance floor.

Commercial recreation facilities –
Indoor
Arcade 1 space for each 200 sq. ft. of floor area.

Bowling alley 5 spaces for each lane.

Pool and billiard room 2 spaces for each table.

Skating rink 1 space for each 100 sq. ft. of rink area.

Commercial recreation facilities
– Outdoor
Determined by use permit.

Equestrian facilities – Commercial
stables
1 space for each 5 horses boarded.

Golf
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Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Golf courses and country clubs 4 spaces for each hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, etc.)
Golf driving ranges 1 space for each tee.

Miniature golf courses 3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.)
Health/fitness facilities 1 space for each 200 sq. ft. of floor area.

Library, museum 1 space for each 300 sq. ft. of floor area.

Meeting facility, public or private 1 space for each 4 seats, or 1 space for each 40 sq. ft. of floor area if no seats are provided, whichever is greater, plus 1 space for each classroom or office.

Schools (public and private)
Kindergarten and nursery
schools
1 space for each 3 employees (including administrators and teachers) and 1 space for each 10 children.

Elementary/middle schools 1 space for each employee plus 1 space for each 8 students.

Secondary (high) schools 1 space for each employee plus 1 space for each 4 students.

Colleges and universities
(including trade and business
schools)
1 space for each 1.5 students.

Studios (art, dance, martial arts,
music, etc.)
1 space for each 200 sq. ft. of floor area.

Swimming pools (public, private
and commercial)
1 space for each 100 sq. ft. of pool deck area.

Tennis/racquet/handball or other
courts
2 spaces for each court, plus 1 space for each 300 sq. ft. of floor area for accessory uses.

Theaters, auditoriums 1 space for each 3 seats.

Residential
Accessory dwelling unit or junior
accessory dwelling unit
See Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

Live/work units 1 space for each unit.

Multifamily housing
Studio units and one-bedroom
units
1 space for each unit.

Two- and three-bedroom units 1.5 spaces for each unit.

Four-bedroom units and above 2 spaces for each unit, or less as required by the review authority.

Guest parking 1 space for each 4 units.
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Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Organizational house 1 space for each bedroom.

Residential care homes
Six or fewer clients 2 spaces.

Seven or more clients 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees.

Rooming or boarding houses 1 space for each bedroom.

Senior housing projects 1 space for each two units, plus 1 guest parking space for each 10 units. Reduced parking may be provided in compliance with Section 17.36.080(C) (Reduced Parking for Restricted Senior Housing Projects).

Single-family dwellings including
mobilehome units and
manufactured housing
2 spaces.

Retail Trade
All “Retail Trade” uses listed
under “Retail Trade” in Tables 2-2
or 2-3, except the following:
1 space for each 200 sq. ft. of floor area, and 1 space for each 200 sq. ft. of outdoor sales area.
1 space for each 400 sq. ft. of floor area for showroom and office, 1 space per 600 sq. ft. of area used for repairs and services, and 1 space for each 2,000 sq. ft. of outdoor display area.

Auto and vehicle sales and
rental
All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.

Building and landscape
materials, and furniture,
furnishing, and appliance stores
1 space for each 500 sq. ft. of indoor display area for first 10,000 sq. ft., 1 space for each 1,000 sq. ft. of indoor display area over 10,000, and 1 space for each 1,000 sq. ft. of outdoor display area.

Convenience stores 1 space for each 250 sq. ft. of floor area.

Garden stand 2 spaces minimum, either on-street adjacent to the property or off street, out of the public right-of-way.

Grocery stores, delicatessens,
supermarkets (not within a
retail complex)
1 space for each 150 sq. ft. of floor area used for display and sales, and 1 space for each 800 sq. ft. of floor area used exclusively for warehousing.

Plant nursery, garden supply
stores
1 space for each 2,000 sq. ft. of site area, and 1 loading space, 15 ft. x 30 ft., for each acre.

Produce stands or other
outdoor vendors
3 spaces minimum or 1 space for each 150 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-of-way or 20 feet from the front property line with no vehicle maneuvering allowed in the public right-of-way. The use 194 of 387
Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
permit may require additional parking, depending on the nature of the sales proposed.

Restaurants (not within a retail
complex)
1 space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting, and lounge areas.

Retail complexes 1 space for each 250 sq. ft. of floor area for complexes of less than 30,000 sq. ft., and 1 space for each 300 sq. ft. for complexes of 30,000 sq. ft. or more.

Services
Banks, financial services (not
within a retail complex)
1 space for each 180 sq. ft. of floor area, plus 4 tandem stacking spaces for each outdoor teller or teller station.

Child day care See Section 17.42.060.

Equipment rental 1 space for each 300 sq. ft. of floor area, plus 1 space for each 1,000 sq. ft. of outdoor storage and rental area.

Laundry – Dry cleaning pick-up
facilities and laundromats
1 space for each 250 sq. ft. of floor area.

Laundry – Laundries and dry
cleaning plants
1 space for each 1,000 sq. ft. of floor area.

Lodging
Bed and breakfast inns 1 space for each guest room, plus 2 covered spaces for the resident family.

Hotels or motels 1 space for each guest room or rental unit, or 1 space for each two beds, whichever is greater, plus required spaces for accessory uses.

Medical services
Clinics and laboratories 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Doctor offices 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Extended care, urgent care 1 space for each 3 patient beds the facility is licensed to accommodate.

Hospitals 1 space for each 2 patient beds the facility is licensed to accommodate.

Mortuaries, funeral homes 1 space for each 4 seats in main sanctuary.

Offices
Business and service 1 space for each 250 sq. ft. of floor area.

Processing 1 space for each 150 sq. ft. of floor area.

Professional 1 space for each 250 sq. ft. of floor area.

Personal services – All except the
following:
1 space for each 250 sq. ft. of floor area.
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Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Pet grooming 1 space for each 400 sq. ft. of floor area.

Public utility structure or
installation, bus depot, or transit
station
1 space for each 3 employees, plus additional spaces required by the commission.

Service (gas) stations 1 space for each 250 sq. ft. of floor area, plus 3 spaces for each service bay.

Storage (Personal storage/ministorage facilities)
Indoor storage units 1 space for each 1,500 sq. ft. of floor area, plus 2 spaces for manager’s office.

Separately accessible storage
units
4 spaces for manager’s office.

Vehicle services – All except the
following:
(All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.)
4 spaces for each service bay, plus spaces for any office as required by this section for offices.

Car wash – Self service 1 drying space for each stall.

Car wash – Full service 10 spaces, plus 6 spaces for each wash lane for queuing and drying area.

Veterinary clinics, animal
hospitals, kennels
1 space for each 250 sq. ft. of floor area.

Kennels separate from other
facilities
1 space for each employee, plus 2 spaces.

See subsection G of this section for all projects located more than one-half mile of public transit, or projects subject to specific thirty-day findings pursuant to Government Code Section 65853.2. (Ord. 927 § 10, 2024; Ord. 918 §§ 15, 16, 2023; Ord. 915 § 6, 2022; Ord. 893 § 8, 2020; Ord. 766 § 2 Exh. A (part), 2004).

17.36.070 Bicycle and motorcycle parking.

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

1. Number of Bicycle Spaces Required.
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a. Multifamily residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of seventy-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private, ground-floor, enclosed storage space that will accommodate a bicycle.
b. Multifamily and mixed-use projects within the TOC and SW Zoning Districts/overlay area shall provide bicycle parking spaces equal to a minimum of one secured bicycle parking space per dwelling unit and one secured bicycle parking space per 5000 square feet of office space. c. Nonresidential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of twenty-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking.

17.36.080 Reduction of parking requirements.

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

B. Reduction of Parking. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required), based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

C. Reduced Parking for Restricted Senior Housing Projects. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required) for senior housing projects, for persons aged fifty-five and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects. 197 of 387
D. Shared On-Site Parking for Mixed Use Projects. The use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.42.100 (Mixed use projects).

E. Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval.

F. Alternative Parking Arrangements for the Downtown Specific Plan (DSP), TOC and CD Zoning District(s). Alternative parking may be approved by the review authority for projects located in the DSP, TOC and CD zoning district(s) where the applicant executes an agreement with the city. Potential elements of said agreement include:

1. Pay a parking in-lieu fee, based on an in-lieu fee program is established or approved by the council;

2. Waive the right to protest the formation of a parking assessment district, if a parking district is formed by the council; or

3. Provide some other fair share contribution acceptable to the review authority, where authorized by the council.

The agreement shall be recorded before the issuance of a building permit for the project.

17.39.030 Multifamily objective residential design standards.

G. Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately incorporated into the project design screened.

1. Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, or wood pickets or a combination of such materials. Chain-link fencing is prohibited.

2. The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.

3. Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.

4. Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.
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5. Refuse Containers.
a. Provide dumpsters for refuse collection within a roofed enclosure with walls a minimum of six feet tall. Allow adequate size to accommodate the needed landfill, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
b. Coordinate with the refuse pickup provider to determine the size and number of dumpsters required, and ensure that dumpsters shall accommodate all waste streams (landfill, recycling and compost, etc.). c. Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
d. Provide lighting at refuse enclosures for nighttime security and use. e. Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

6. Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches. This section does not apply to vertical mixed use.

7. Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area. Alternatively, project applicant may provide common laundry facilities.

8. Curb Demand Management. The public street frontage of all new multifamily and mixed-use development projects shall incorporate curb management design characteristics to facilitate ride-share pick-ups, delivery vehicle parking, micromobility access and parking for all vehicle types.

9. Mobility Hub Features. Mobility hubs are centralized locations where people can easily access and transfer between multiple modes of transportation. Each multifamily development shall incorporate a minimum of four mobility hub features from the menu below.
a) Micromobility stations and drop zones
b) Dedicated Car Share Service and Parking
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c) Loading Zones for ride-hail, shuttles, micro/on-demand transit and urban freight
d) Common carrier package pickup and/or similar efficient delivery services e) Wayfinding Signage to off-site transit and mobility opportunities f) Electric Vehicle Charging Infrastructure
g) Long- and Short-Term Bicycle Parking
H. Mixed Use Developments. In addition to the objective standards identified above, projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:

1. Site planning and building design shall provide for pedestrian access from the public street into the nonresidential and residential portions of the project, through courtyards, plazas, and walkways.

2. Horizontal mixed use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas, and walkways.

3. All building design and site design requirements and criteria identified herein shall be incorporated into mixed use projects.

I. Solar on Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.

J. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans. (Ord. 927 § 16, 2024).

Housing Preservation-Condominium Conversion Restrictions

17.74.030 Condominiums and condominium conversion.

Condominiums and condominium conversions shall comply with the following requirements, and the limitations and standards in Section 17.42.065 (Condominium, stock cooperative, and other common interest projects) and the applicable sections of the Subdivision Map Act.

A. Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and 200 of 387
accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 17.71 (Tentative Map Filing and Processing).

Chapter 17.72 (Parcel Maps and Final Maps) of this title, determines whether a parcel or final map shall also be filed.

B. Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.

1. Approvals Required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Section 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.

2. Approval of a tentative map allowing the conversion of rental units to ownership condominium units shall require the replacement of the rental units at a one-to-one ratio, where permitted by state law, as a condition of map approval. This one-toone unit replacement ratio is not required for condominium conversions where:
a) A minimum of 90% of the condominium units are purchased by current tenants; or
b) 100% of the converted housing units are proposed to be deed restricted as affordable housing to households earning 120% of the Area Median Income (AMI) or less for a period of 55-years.
c) The structure(s) proposed for conversation was constructed after December 31, 2025.

3. Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.71 (Tentative Map Filing and Processing) of this title, except as otherwise provided by the following provisions of this section.

4. Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:
a. Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the 201 of 387
applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units and shall include a narrative description of the size and bedroom counts of the units proposed to be converted; b. Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10; c. Tenant Relocation Assistance Plan. A detailed plan that provides a first right of refusal to current tenants to purchase a unit at the same price offered to the general public; describes the tenant protections, benefits, and required relocation payments and moving assistance information to be given to each tenant; and includes the steps the applicant will take to ensure the successful relocation of each temporarily and/or permanently displaced tenant. The plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long-term affordability for the units proposed for conversion are exempt from this requirement. d. Housing Stock Assessment. An analysis of the potential impact on the city’s housing supply and costs. The analysis shall provide adequate information for the city to determine whether the proposed condominium conversion would have a negative effect on the city’s multifamily rental housing supply and rental rates and shall identify, at a minimum:
i. Vacancy rates for multifamily housing by unit size,
ii. Vacancy rates for existing condominiums and townhomes in the city by unit size,
iii. Rental rates of multifamily units, by unit size, and the rental rates of the project proposed for conversion,
iv. Length of time existing for-sale condominiums in the city have been on the market, and
v. The number of multifamily apartment units, by unit size, that are in the city’s housing stock and the percentage of the city’s apartment stock, by unit size, that would be reduced by the
proposed condominium conversion.
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4. Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.74.020) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.

5. Public Notice. The following notice shall be provided in addition to that required by Chapter 17.88 (Public Hearings) of this title:
a. Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and b. Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

6. Approval of Conversion, Required Findings.
a. Time limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 17.71.030 (Tentative map filing, initial processing) of this title.

The one hundred twenty day time limit may be extended by mutual consent of the subdivider and the city, and/or as allowed under state law. b. Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

7. Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.72 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b). (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.60.040 Application preparation and filing
Table 6-1
Planning Permit Review Authority
Role of Review Authority(1)
Type of Decision
Applicable
Land Use
Code Section
Design Review
Administration Director
Planning
Commission City Council
Administrative and Legislative
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Table 6-1
Planning Permit Review Authority
Role of Review Authority(1)
Type of Decision
Applicable
Land Use
Code Section
Design Review
Administration Director
Planning
Commission City Council
Interpretation 17.12 Decision(2) Appeal Appeal
Development Agreement 17.66 Recommend Recommend Decision General Plan Amendment Recommend Recommend Decision
Specific Plan Recommend Recommend Decision
Zoning Map Amendment 17.62.070 Recommend Recommend Decision Land Use Code Amendment 17.62.070 Recommend Recommend Decision Planning Permit/Development Approval
Preapplication Conference 17.60.040(A) Feedback
Zoning Clearance 17.62.020 Decision Appeal Appeal
Minor Use Permit (MUP) 17.62.050 Decision(2) Appeal Appeal Use Permit (UP) 17.62.050 Recommend Decision Appeal
Minor Variance 17.62.060 Decision(2) Appeal Appeal
Variance 17.62.060 Recommend Decision Appeal
Design Review – Single-family
dwelling or two-unit multifamily plex
(duplex) structure

17.62.040 Decision Appeal Appeal
Design Review – All other projects 17.62.040 Recommend Recommend Decision Appeal Limited Term Permit 17.62.030 Decision Appeal Appeal
Sign Permit or Master Sign Plan 17.38.030 Recommend Decision Appeal Appeal Master Sign Plan 17.38.030 Recommend Decision Appeal Appeal Tree Permit – Developed parcel 17.54 Decision Appeal Appeal Tree Permit – Undeveloped parcel 17.54 Recommend Recommend Decision Appeal Tree Permit – Native oak 17.54 Recommend Recommend Recommend Decision Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decisionmaking body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 17.84 (Appeals). "Feedback" means that the director shall issue a letter addressing those issues outlined in subsection A of this section. (2) The director may defer action and refer the request to the commission, so that the commission may instead make the decision.
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
Housing Production-Streamlined Entitlement Process
§ 17.60.070 Initial application review.

A. Review for Completeness. The director shall review each discretionary permit application or preliminary application (as defined by State law) for completeness and accuracy before it is accepted as being complete and officially filed. The director's 204 of 387
determination of completeness shall be based on the city's list of required application contents (see Section 17.60.040(C) of this chapter), and any additional instructions provided to the applicant in any preapplication conference, and /or on the City website.

1. Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of a discretionary permit application or preliminary application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director's letter, must be provided. a. When a discretionary permit application or preliminary application proposing a residential project is deemed complete, this project shall be considered to have “vested” the applicable development standards and required fees in place at the time the completeness determination is made.

2. Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in compliance with Chapter 17.84 (Appeals) of this title.

3. Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.

4. Expiration of Application. If an applicant fails to provide the additional information specified in the director's letter within 90-days for a preliminary application or within six months after the first filing of a discretionary permit application with the department, the application shall expire and be deemed withdrawn. The director, at the complete discretion of the City may grant one six-month extension if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, project approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.

5. Environmental Information. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.60.080 (Environmental review) of this chapter.

Process for revising General Plan and zoning code
Chapter 17.62 Permit Review and Decisions
Section 17.62.070 AMENDMENTS
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A. Purpose. This section provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.

B. Applicability, initiation, processing, notice, and hearing.

1. Applicability.
a. General Plan. A General Plan amendment may include revisions to text or diagrams.
b. Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.
c. Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
1a. A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

2. Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated by:
a. A resolution of the Council or Commission;
b. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

3. Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.2.b, shall be filed in compliance with Chapter 17.60 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required in Section 17.62.070 F. below.
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4. Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C. Public hearings required.

1. After the initial processing of a proposed amendment in compliance with Chapter

17.60 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings).

3. Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D. Commission action on amendments.

1. Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of a majority of Commission members; otherwise the proposal shall be deemed denied.

2. Modification of amendments.
a. The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission as an reconsideration. However, in keeping with the No-Net-Loss elements of state law, an existing residentially zoned parcel may not be rezoned to a less dense residential district without a requisite upzoning of a separate parcel to compensate for the loss in allowable residential units on the subject parcel.
b. The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

3. Denial of amendment.
a. A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is 207 of 387
filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter 17.84 (Appeals).
b. However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing.
c. Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 17.62.070 F. (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.

E. Council action on amendments.

1. Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings identified below.
a. General Plan. If the Council votes to approve an amendment to the General Plan, the
Council shall do so by adopting a resolution.
b. Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

2. Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.

3. Non-substantive changes by the Council.
a. The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration.
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b. Before taking the action, the Council may (at the Council discretion) refer the proposed non-substantive change to the Commission for a written recommendation.
c. In this case, the Commission meeting need not be held as a public hearing and the results shall reported back to the Council within 60 days after the date of Council referral, or the Council shall be deemed to have approved the proposed non-substantive changes.

F. Findings.

An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1. Findings for General Plan amendments.
a. The proposed amendment ensures and maintains internal consistency with the goals
and policies of all elements of the General Plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested and/or anticipated land use developments; and
d. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being at alternate location.
e. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Findings for Zoning Code/Map amendments.
a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan; b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
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d. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. e. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
f. Additional finding for Zoning Map amendments: The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density at an alternate location.

G. Prezoning.

1. Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
a. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and
approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
b. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map.
c. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

2. Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained above.

3. Council's action on prezoning.
a. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained above.
b. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.
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§ 17.64.080 Permit time limits, extensions, and expiration.

A. Time Limits.

1. Unless a condition of approval or other provision of this land use code establishes a different time limit, any permit or approval not exercised within two 2.5 years (30 months) of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B of this section.

Housing Production-Streamlined Entitlement Process

7.88.040 Hearing procedure.

A. Conduct of Hearing. Each hearing shall be conducted in compliance with rules of procedure adopted by the council for the applicable review authority.

B. Continued Hearing. A hearing may be continued. Continuance may occur without further public notice if the hearing body announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing. Public notice of the continued hearing shall be provided in compliance with this chapter if the review authority continues the hearing to a date uncertain. For any matter being considered at a hearing in compliance with this land use code, a hearing body may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

C. Hearing limits for residential projects. Final action to approve or deny any residential projects must be decided with a maximum of five public hearings as defined by State law.

Definitions
"Antique or collectible store" means a retail store that sells antiques, curios, vintage clothing, gifts and souvenirs, and collectible items including sports cards and comic books. A store that primarily sells books is included under "General retail." Does not include stores selling other types of secondhand items, (e.g., clothing), which are instead included in the definition of "Secondhand store." “Curb Demand Management” means the practice of actively monitoring and regulating the various uses of curb space in a city, aiming to optimize its allocation and prioritize different demands like parking, loading zones, bike sharing, ride-hailing pick-ups, electric vehicle charging and deliveries, to ensure efficient mobility and access for all users while considering factors like traffic flow and safety. “Curb Extension” means a widening of the sidewalk into the parking and/or travel lane to visually and/or physically narrow the roadway. Curb extensions may be utilized to 211 of 387
provide numerous street enhancements including safer, shorter and more visible pedestrian crossings; increased space for street furniture, plantings, and other amenities; narrowing the road width and/or tightening the intersection curb raii (slowing automotive turning movements). Curb extensions have multiple applications and may be segmented into various sub-categories, ranging from traffic calming to bus bulbs and midblock crossings.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Emergency Vehicle Access (EVA)” means a roadway or other surface that provides access for emergency vehicles to reach a building, facility, or other area. This includes fire lanes, parking lot lanes, and public or private streets. “Floor Area Ratio (FAR)” means the relationship between the total amount of usable floor area of a building and the total area of the lot/parcel. The Plan uses FAR for commercial development, with a range from 1.0-3.0 FAR allowed. “Microdistillery” means a small scale distillery that produces beverage-grade alcohol in relatively small quantities, often through single-batch processes. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).

Production quantity is limited to 10,000 cases of beverages (all beverage types combined) annually. May include the distribution of beverages for consumption at other sites.
“Micromobility” means a range of small, lightweight vehicles operating at speeds typically, below 25 km/h and driven by users personally. Micromobility devices include bicycles, e-bikes, electric scooters, electric skateboards, shared bicycles, and similar modes of transportation.
“Microtransit” means a technology-enabled private multi-passenger transportation services that serve passengers often using dynamically generated routes, and may expect passengers to make their way to and from common pick-up or drop-off points.

Vehicles can range from large SUVs to vans to shuttle buses, providing transit-like service but on a smaller, more flexible scale.
“Mobility Hub” means an area serving as a community anchor providing a welcoming environment that enables travelers of all backgrounds to access multiple transportation options and supportive amenities. Built on the backbone of frequent and high-capacity transit, mobility hubs offer a safe, comfortable, convenient, and accessible space to seamlessly transfer across different travel modes micromobility, ride share, personal automobiles and transit, which include
supportive amenities designed and incorporated into a cohesive space. 212 of 387
“Objective Design and Development Standards (ODDS)” means standards that apply to the design and build out of parcels including multifamily and mixed-use development. “Parking Management Plan” means a set of strategies, policies and regulations to manage parking demand and supply in a specific area. The goal of the plan shall be to maximize the efficiency of parking resources and minimize impacts on surrounding properties and uses. Parking management plans focus on a variety of needs, including space usage, access control, occupancy, layout, circulation, allocation, and violation management. Key elements include analysis of current and future needs, traffic flow strategies (like signage and designated zones), technology and physical design solutions such as speed humps and line markings.
“Personal services” mean establishments providing nonmedical services to individuals as a primary use. Examples of these uses include:

1. Barber and beauty shops;

2. Clothing rental;

3. Dry cleaning pick-up stores with limited equipment;

4. Home electronics and small appliance repair;

5. Laundromats (self-service laundries);

6. Locksmiths;

7. Massage (licensed, therapeutic, nonsexual);

8. Pet grooming with no boarding;

9. Shoe repair shops;

10. Tailors;

11. Tanning salons;

12. Tattoo and body piercing services.
“Personal services – Restricted” means personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

1. Check cashing stores;
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2. Fortune tellers;

3. Palm and card readers;

4. Pawnshops;

5. Psychics;

6. Spas and hot tubs for hourly rental;

7. Tattoo and body piercing services.
“Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and for which the sale of other products is merely incidental.
“Tobacco product” means any substance containing tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. “Tobacco product” also means any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Tobacco product does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Transit-Oriented Communities (TOC)” policies means standards that apply to the design and build out of parcels including multifamily and mixed-use development located within one half-mile of the SMART Train station. “Transportation Demand Management (TDM)” means a set of transportation strategies aimed at providing travelers with travel choices, such as route, time of travel and mode.

In the broadest sense, demand management is defined as providing travelers with effective choices to improve travel reliability and policy measures to reflect the true cost of driving, such as congestion pricing, VMT charging and parking management/pricing. “Zoning Code” means a set of specific local rules that dictates how land in a specific area can be used and developed.
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI FINDING

THE PROPOSED SANTERO WAY AND TRANSIT ORIENTED COMMUNITIES

REZONING PROJECT CONSISTENT WITH THE SWSP EIR AND THE
GENERAL PLAN EIR AND AMENDING TITLE 17 (LAND USE) OF THE COTATI

MUNICIPAL CODE TO CREATE THE TRANSIT ORIENTED COMMUNITIES (TOC) AND SANTERO WAY (SW) ZONING DISTRICTS; IMPLEMENT OTHER TOC RELATED ZONING AND LAND USE POLICIES; INCORPORATE NO-NETLOSS HOUSING POLICIES; AND MAKE OTHER ASSOCIATED UPDATES TO THE MUNICIPAL CODE; FILE NO. PA25-05
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 implementation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including establishment of objective design standards for multifamily plex and single-family housing, and facilitation of increased housing development; and WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and
WHEREAS, in September 2023, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) published draft administrative guidance on their Transit-Oriented Communities (TOC) policies. These policies are intended to intensify land uses within one half-mile of transit hubs with the primary goal of increasing the overall supply of housing while also supporting the creation of jobs and increasing transit ridership, in keeping with the Plan Bay Area 2050. While adoption of the TOC policies is voluntary for Bay Area jurisdictions, TOC compliance will be required to retain full eligibility for One Bay Area Grant (OBAG) funds by 2026, and
WHEREAS, on November 6, 2023, the City of Cotati held a public scoping meeting as the first step in the California Environmental Quality Act (CEQA) process once a 215 of 387
determination has been made that an environmental impact report (EIR) is required for a project. Per CEQA Guidelines § 15082 and 15083, a Notice of Preparation was circulated for a 30-day period ending on November 22, 2023, and the scoping meeting was held to solicit comments on the scope of the EIR. This meeting was an opportunity for the public, agencies, and stakeholders to comment on the specific issues that should be addressed in the environmental review. Individuals who were unable to attend the scoping meeting were invited to email or mail their comments to the Community Development Department, and WHEREAS, on April 2024, staff identified an opportunity for the environmental analysis being prepared for the Santero Way Specific Plan (SWSP) Update to be expanded to additionally analyze the potential impacts of implementing ABAG/MTC TOC policies on the other eligible parcels within the ½ mile radius surrounding the Cotati SMART station.

Including this analysis into the environmental impact report (EIR) already underway was approved by the City Council, and
WHEREAS, on July 19, 2024, the City of Cotati issued a second Notice of Preparation to identify that the scope of the environmental impact analysis was being expanded to analysis the potential impacts of full TOC implementation in Cotati; and WHEREAS, on August 5, 2024, the Planning Commission held a public workshop and second CEQA scoping meeting to assess new project alternatives and policy options resulting from the April decision to expand the scope of the project environmental analysis; and WHEREAS, on November 1, 2024, a Public Review Draft Specific Plan and Draft Environmental Impact Report (EIR) were made available for public comment for a 45-day period, as is required by State law. Only one comment was received during this comment period which came from CalTrans; and
WHEREAS, one purpose of the Cotati Municipal Code (CMC) is to ensure that the General Plan, including the Housing Element, may be implemented and another purpose is to codify which land uses are allowed in all zoning districts of the City wh il e a ls o setting the standards for said land uses in order to preserve the quality of life in Cotati; and WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on September15, 2025, the Planning Commission of the City of Cotati and on September 24, 2025, the City Council of the City of Cotati each held workshops to discuss review and discuss the Santero Way and TOC Rezoning project, heard public comment, and provided direction to staff to develop a draft ordinance to amend CMC Title 17 (Land Use 216 of 387
Code) to implement the project; and
WHEREAS, on November 3, 2025, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to create the Santero Way and Transit Oriented Communities (TOC) zoning districts, as well as implement other TOC related policies. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the City regarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and WHEREAS, December 9, 2025, the City Council of the City of Cotati held a duly noticed public hearing to introduce the proposed ordinance adopting amendments to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts, rezone multiple properties to said districts, as well as implement other TOC related policies and make minor clean up changes to the CMC. 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 City Council voted to conduct the first reading of the ordinance; and.

WHEREAS, January 13, 2026, the City Council of the City of Cotati held a second duly noticed public hearing on the proposed ordinance to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts, rezone multiple properties to said districts, implement several other TOC related policies and to make minor clean up changes to the CMC. 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 City Council voted to adopt and conduct the second reading of the ordinance.

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

SECTION 1: Recitals.

The above recitals are true and correct and are incorporated into the findings herein.

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023 and the associated Mitigated Negative Declaration, 4) the 2025 Santero Way Specific Plan (SWSP) Update and the associated Environmental Impact Report (EIR) analyzing the potential impacts of the SWSP Update and 5) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts and implement other identified 217 of 387
changes to the Cotati Municipal Code to facilitate housing development and clarify existing policies.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts and implement other identified changes to the Cotati Municipal Code to facilitate housing development and update local policies, as set forth in this Ordinance, are in the best interest of the City in that they will further established goals, policies, and implementation programs of the General Plan, including the Housing Element and Santero Way Specific Plan to reduce greenhouse gas production and improve air quality by providing additional opportunities for alternative transportation and walkability; will maintain the supply of developable land and expand housing opportunities through increased density and increased development certainty, including on infill sites along E. Cotati Avenue and Santero Way; will direct that the layout and design of new development encourages the use of alternative transportation; will conserve resources by encouraging the efficient use of land and allowing more intense development of both residential and commercial land uses; and use land appropriately by increasing the intensity of development in close proximity to the train station and along one of the City’s primary commercial corridors.

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

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

Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character.

Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the nonresidential activities would not be adversely affected.

Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

In addition, these amendments are consistent with and implement the following General Plan policies and programs:

Policy CON 2.1: Improve air quality through continuing to require a compact development 218 of 387
pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Policy CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

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

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

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

SECTION 4: Compliance with the California Environmental Quality Act.

The Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts and implement other identified changes to the Cotati Municipal Code to facilitate housing development.is consistent with the requirements of the California Environmental Quality Act (CEQA) as the impacts of the proposed ordinance have been analyzed in the Santero Way Specific Plan EIR (SCH#2023100654) and further the proposed CMC changes are consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11) and the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element and Santero Way Specific Plan Update, 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, including Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

SECTION 5: Rezoning of Certain Parcels and Amendment to the Cotati Zoning Map.

The zoning map of the City of Cotati is amended to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts.

SECTION 6: Amendment to the Cotati Municipal Code. Section 17.20.020, Zoning maps and zoning districts Table 2-1 is amended as follows:
219 of 387
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
Low Density and Neighborhood Zones
OSC Open Space,
Conservation
Open Space MORE
RURAL
OSR Open Space,
Recreation
Parks –
RR Rural
Residential
Rural –
RVL Residential
Very Low
Density
Low Density Residential –
NL Neighborhood,
Low Density
Low-Medium Density Residential –
NM Neighborhood,
Medium
Density
Medium Density Residential TO
NU Neighborhood,
Urban
High Density Residential –
Mixed Use Corridor and Downtown Zones
CE Commercial,
East Cotati
Ave. Corridor
Office, General Commercial –
CG Commercial,
Gravenstein
Corridor
Highway Commercial, General
Commercial
–
220 of 387
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
CA Commerce
Avenue
Downtown Specific Plan –
NG Northern
Gateway
Downtown Specific Plan –
CD Downtown
Commercial
General Commercial, La Plaza
Specific Plan
–
HC Historic Core Downtown Specific Plan
LP La Plaza Downtown Specific Plan
SWSP Santero Way
Specific Plan
Santero Way Specific Plan
–
--
--
TOC Transit
Oriented
Community
General Commercial, High Density
Residential; Santero Way Specific
Plan; Open Space/Parks
MORE
URBAN
Districts
CI Commercial/
Industrial
District
Commercial/ Industrial Industrial
Special Purpose and Overlay Zones
CP Coordinated
Planning
Overlay
All
221 of 387
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
MHP Mobilehome
Park Overlay
All Residential
MHPSSenior
Mobilehome
Park Overlay
All Residential Citywide
PF Public Facility Public Facilities
TOC Transit
Oriented
Community
Overlay
Specific Plan; Open Space/Parks;
Low-Medium Density Residential
Medium Density Residential; High
Density Residential; General
Commercial;
SECTION 7: Amendment to the Cotati Municipal Code. Section 17.20.030, Purposes of the zoning districts B. Mixed Use Corridor and Downtown Zones., is amended, as follows:

B. Mixed Use Corridor and Downtown Zones.

1. CE (Commercial, East Cotati Avenue Corridor) Zoning District. The CE zoning district is a mixed use classification that is applied to specific parcels on both sides of East Cotati Avenue, from Arthur Street east to the city limits. The corridor is appropriate for a wide range of retail and service land uses that primarily serve local residents and businesses, including offices, shops, personal and business services, and small-scale restaurants, where structures fronting East Cotati Avenue are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CE zoning district is consistent with and implements the office, and general commercial land use designations of the general plan.

2. CG (Commercial, Gravenstein Corridor) Zoning District. The CG zoning district is a mixed use classification that is applied to both sides of the Gravenstein Highway from Highway 101, west to the city limits. The corridor is appropriate for a wide range of retail 222 of 387
and service land uses that serve both the local population and regional markets, including retail uses and restaurants, with additional uses such as personal and business services, and offices limited to the second floor along the Gravenstein frontage, where structures fronting Gravenstein are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CG zoning district is consistent with and implements the general commercial land use designations of the general plan.

3. CD (Downtown Commercial) Zoning District. The CD zoning district is applied to the downtown area of Cotati, encompassing the historic plaza area, and extending south along Old Redwood Highway to Page Street, and north to Highway 101, including properties along Commerce Avenue. The CD zoning district is appropriate for a wide variety of land uses, with retail and other pedestrian-oriented uses on the ground floors of street fronting structures, and residential units or offices allowed on second or third floors, at a maximum density of fifteen dwelling units per acre. Street fronting structures are generally two stories. The allowable intensity of non-residential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CD zoning district is consistent with and implements the general commercial land use designation of the general plan, and the La Plaza specific plan.

4. TOC (Transit Oriented Community) Zoning District. The TOC District is applied to all areas appropriate for a variety of higher-density mixed use development types, neighborhood-serving commercial, and light-manufacturing/maker type uses on parcels with frontage on East Cotati Avenue and the northern portion of Santero Way, closest to the train station. The allowable base density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of 3.0.

5. SW (Santero Way Specific Way) Zoning District. The SW District is applied to areas appropriate for a variety of higher-density residential and mixed-use development types, including multi-family housing, condominiums, and townhomes. The allowable residential density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of 3.0. Commercial uses are limited to neighborhood serving retail and live-work applications associated with a residential development project. Unlike the TOC District, 100% commercial development is not allowed in the SW District. Additionally, select allowances for low-intensity industrial land uses are applied to parcels with existing buildings to facilitate maximum functionality prior to anticipated redevelopment.

SECTION 8: Amendment to the Cotati Municipal Code. Section 17.22.020, Tables 2-4, is amended, as follows:

17.22.020 Allowable land uses and planning permit requirements. 223 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – – -- –
Artisan/craft product manufacturing MUP MUP MUP MUP MUP MUP See Note 5 Below Brewery – Brew pub MUP MUP MUP MUP MUP --
Brewery – Production – – – -- -- –
Construction contractor – – – – -- UP*
Food and beverage product manufacturing – – – – -- MUP* Furniture and fixtures manufacturing, cabinet
shop
– – – -- MUP MUP*
Industrial research and development – -- – MUP MUP MUP* Laboratory – Medical, analytical, research
and development
-- -- – MUP MUP MUP*
Laundry, dry cleaning plant – – – – -- –
Manufacturing/processing – Light – – – -- MUP MUP*
Manufacturing/processing – Medium
intensity
– – – -- -- –
Manufacturing/processing – Heavy – – – – -- –
Media production -- -- – P P MUP*
Printing and publishing -- -- – MUP MUP MUP*
Recycling – Reverse vending machine -- -- – – – –
Recycling – Small collection facility -- -- – -- -- – 17.42.150 Recycling – Medium collection facility – – – -- -- – 17.42.150 Storage – Outdoor – – -- -- UP UP* 17.42.140
Storage – Personal storage facility (ministorage)– – – – – – Storage – Warehouse, indoor storage – – – -- – –
224 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Wholesaling and distribution – – – UP UP –
Winery – Boutique – -- UP UP UP –
Winery – Production – – – -- -- –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – -- – 17.40
Commercial recreation facility – Indoor UP UP UP UP UP UP Commercial recreation facility –
Outdoor
– – – -- – –
Conference/convention facility -- -- UP) UP UP --
Health/fitness facility UP P P
) P P MUP
Library, museum P -- P P P --
Meeting facility, public or private -- UP UP) UP UP --
Park, Playground P P P P P P
School – Specialized education/training UP ) UP) UP UP UP Sports and entertainment assembly – – UP UP – --
Studio – Art, dance, martial arts, music,
etc.

P P P
) P P P
Theater UP -- MUP MUP MUP UP*
Residential Uses
Accessory dwelling unit P P P P P P 17.42.170
Emergency/transitional shelter S S S S S -- 17.42.072
Home occupation P P P P P P 17.42.080
Live/work unit UP UP P UP UP UP 17.42.090
Low barrier navigation center P P P P P –
Mobile Home Park UP UP UP UP UP UP 17.42.11
Multifamily Plex housing -- -- -- -- UP MUP 17.39.03 & 17.39.04 225 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Multifamily housing 10+ units S S S S UP P 17.28.050 & 17.39.030 Residential care facility for the
elderly (RCFE)
-- UP UP UP UP UP
Residential care facility, 7 or more
clients
-- UP – – UP UP
Residential component of a mixed
use project
P P P P P P 17.39.030, 17.39.040, 17.42.100
Supportive housing P P P P P P
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales –
Associated with a restaurant(4)
P P P P P P 17.42.030
Alcoholic beverage sales-off sale UP UP UP UP UP – 17.42.030 Antique or collectible store P P P P P –
Artisan/craft project manufacturing MUP MUP MUP MUP MUP MUP Artisan shop P P P P P MUP
Auto and vehicle sales and rental – UP – MUP UP –
Auto parts sales with no installation
services
– -- P P P –
Bar, tavern UP UP UP UP UP –
Brewery-Brew pub MUP MUP MUP MUP MUP
Building and landscape materials
sales
– -- – MUP P –
Construction and heavy equipment
sales and rental
– – – -- -- – 17.42.130
Convenience store -- -- UP UP UP –
Drive-through retail – -- – -- – – 17.42.070
Extended hour retail UP MUP P P MUP –
Farm supply and feed store – -- – -- MUP –
226 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Farmers market(8) MUP MUP MUP MUP MUP --
Formula-based fast food restaurant -- -- S S S – 17.42.071 Furniture, furnishings and appliance
store
UP MUP MUP MUP MUP –
General retail – Less than 5,000 sq. ft. P P P P P P
General retail – 5,000 sq. ft. to 20,000
sq. ft.

P MUP P P P MUP
General retail – More than 20,000 sq. ft. -- -- MUP MUP MUP – Groceries, specialty foods – 10,000 sq.
ft. or less
P P P P P –
Groceries, specialty foods – More than
10,000 sq. ft.
-- -- P UP P –
Mobilehome, boat, or RV sales – – MUP MUP MUP –
Night club UP UP UP – UP –
Outdoor display and sales MUP MUP MUP MUP MUP – 17.42.130 Plant nursery – MUP – MUP MUP –
Restaurant – Outdoor dining on private
property(6)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP P 17.42.130(E)
Restaurant – Outdoor dining in public
right-of-way
P P P P P P 17.42.130
Restaurant, cafe, coffee shop P P P P P P
Retail complex -- -- UP UP UP –
Retail display gallery P P P P P P 17.90.020
Retail Tobacco Store -- -- -- -- -- --
Second hand store UP UP UP UP MUP –
Service station (nonfossil fuels sales) -- -- -- UP UP – 17.42.180 Tasting room P P P P P P
Warehouse retail – UP UP UP UP –
227 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Services – Business, Financial, Professional

ATM P P P P P P
Bank, financial services P P P P P –
Business support service P P P P P –
Medical services – Doctor office UP P P P P –
Medical services – Clinic, urgent care UP – P P P –
Office – Accessory P P P P P P
Office – Business/service MUP P P P P –
Office – Government UP MUP MUP MUP MUP --
Office – Processing UP(2) MUP MUP MUP MUP –
Office – Professional/administrative P P P
(2) P P –
Veterinary clinic, animal hospital P P P P P MUP
Services – General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP UP UP UP UP --
Catering service – – – MUP MUP –
Child day care center P P P P P UP
Drive-through service – -- – – – – 17.42.070
Equipment rental – – – UP UP – 17.42.140
Kennel, animal boarding – -- – -- -- –
Lodging – Bed and breakfast inn
(B&B)

P P P UP P UP
Lodging – Boutique hotel or motel UP UP P P P –
Lodging – Hotel UP UP P P UP –
Maintenance service – Client site
services
– – – MUP MUP –
Mortuary, funeral home -- – – UP UP –
228 of 387
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Land Use(1)

HC LP NG CA TOC SW
Specific Use Regulations
Personal services P P P P P MUP
Personal services – Restricted -- – – – – –
Public safety facility -- UP UP UP UP --
Repair service – Equipment, large
appliances, etc.
– – – P P –
Social service organization -- UP(2) UP(2 UP UP --
Vehicle services – Major repair/body
work
– – – -- -- –
Vehicle services – Minor
maintenance/repair
– – – UP UP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine storage – – – – -- –
Broadcasting studio UP(2) UP(2) UP(2) UP MUP –
Electric vehicle charging station(7) P P P P P P 14.38
Mobility Hub P P P P P --
Parking facility, public or commercial UP UP UP UP UP -- Telecommunications facility S S S S S S 17.44
Transit station or terminal -- UP UP UP UP --
Utility facility UP UP UP UP UP UP
Key to Zoning District Symbols
CE East Cotati Avenue Corridor CI Commercial/Industrial District CG Gravenstein Highway Corridor IG General Industrial District CD Downtown Commercial PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the 229 of 387
Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, TOC, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.
(8) Fees for farmers market 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 hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.
*Use Allowed only in existing (as of 2025) structures as an interim occupancy until property is redeveloped. Uses are not permitted upon or after redevelopment of SW designed properties.

SECTION 9: Amendment to the Cotati Municipal Code. Section 17.24.030, Zoning district site planning and building standards, is amended in include Table 2-17 and Table 2-18 as follows:

Table 2-17
SW Zone Development Standards
Development Standard SW Zone Requirement
Setbacks – See CMC Section 17.30.020 for exceptions.

Front 0-10 ft.

Side – Interior (each) 10 ft.

Side – Street side 0-10 ft.

Rear 10 ft.
230 of 387
Accessory structures See CMC Section 17.42.160 (Residential accessory uses and structures)
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in CMC Section 17.24.040.

Allowed frontage typesPorch, forecourt, stoop, common yard, gallery Allowed
encroachments
See CMC Section 17.30.020(F), Table 3-1
Site coverage – Maximum percentage of site area that may be covered by structures.

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

Maximum height 40 ft.

Table 2-18
TOC Zone Development Standards
Development
Standard
TOC Zone Requirement
Setbacks – See Section 17.30.020 of the CMC for exceptions.

Front 0-10 ft.

Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise Side – Street side 0-10 ft.

Rear 20 ft. abutting a residential zone, 10 ft. required otherwise Accessory structures See CMC 17.42.160 (Residential accessory uses and structures) 231 of 387
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

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

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

Maximum Height 45 ft.; 55 ft. with use permit
Accessory structures See CMC Section 17.42.020
SECTION 10: Amendment to the Cotati Municipal Code. Section 17.30.082 Residential conversions is amended to include demolition as follows:
§ 17.30.082 Residential conversions and demolition.

The use of a structure designed and constructed as a dwelling with a nonresidential use, and the use of a structure designed and constructed for nonresidential use as a dwelling shall and/or the demolition of a residential unit(s) comply with the following requirements:

A. Residential to Nonresidential Conversion. The conversion of an existing dwelling in RR, RVL, NL, NM, or NU zones for occupancy by a nonresidential use shall require a minor use permit. Minor use permit approval shall require that the review authority first make one of the following findings:

1. An equivalent number and type of new housing will be constructed elsewhere in the city;

2. There exists an adequate supply of housing units in the city to meet current and projected
housing needs; or

3. The proposed conversion is essential for the health and safety of the community. 232 of 387
B. Nonresidential to Residential Conversion. The use of a structure that was designed and constructed for nonresidential use as a dwelling shall require that the structure first be brought into compliance with all applicable current requirements of this land use code, including the applicable zoning district, and the building code.

C. Demolition of residential unit(s). The demolition of a residential unit (or units) is subject to the no net loss provisions of state law including tenant relocation funds to be provided by the developer; replacement of demolished unis with units of similar size, bedroom count and amenities onsite; the right of first refusal for existing residents to be offered newly developed units at the same affordability level of the occupied units proposed to be demolished; and written notification of the pending demolition to be provided to current residents and the Cotati Community Development Department a minimum of six months prior to the demolition occurring.

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.36.040 General parking regulations. is amended as follows:

17.36.040 General parking regulations.

A. Location of Parking on a Site. Parking and loading spaces shall be located as required in Section 17.36.090(A).

B. Timing of Installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this chapter are in place and approved by the city.

C. Parking and Loading Spaces to Be Permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve, notwithstanding replacement of religious-use parking as provided for in Government Code Section 65913.6. The approval of a limited term permit (Section 17.62.030), may allow the temporary use of a parking or loading space for other purposes.

D. Parking and Loading to Be Unrestricted. An owner, lessee, tenant, or other person, having control of the operation of a premises for which parking or loading spaces are required by this chapter, shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the director.

E. A parking management plan is required to be submitted with each multi-family and/or mixeduse project.

F. Vehicles for Sale. See Section 17.42.045 (Auto and vehicle sales). (Ord. 918 § 14, 2023; Ord. 766 § 2 Exh. A (part), 2004).
233 of 387
SECTION 12: Amendment to the Cotati Municipal Code. Section 17.36.050 Number of Parking Spaces Required Table 3-7 is amended to include parking requirements for the Transit Oriented Communities (TOC) Overlay as follows:

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Transit Oriented Communities (TOC) Overlay
Mixed Use/Multifamily
Residential No minimum. 1.5 spaces per residential unit maximum All Commercial/Office No minimum. 1 space for each 250 sq. ft. of commercial use areas maximum
Manufacturing Processing and Warehousing
All manufacturing, industrial, and
processing uses, except as
follows:
1 space for each 250 sq. ft. of office area;
1 space for each 1,000 sq. ft. of ground and/or building area devoted to other than office;
1 space for each company vehicle.

Industrial research and
development, laboratories
1 space for each 400 sq. ft. of floor area, plus 1 space for each company vehicle.

Recycling facilities
Medium collection facilities Determined by minor use permit.

Small collection facilities Determined by minor use permit.

Recreation, Education, Public Assembly
Bar/tavern, night club (not within
a retail complex)
1 space for each 50 sq. ft. of seating area and waiting/lounge area exclusive of dance floor, and 1 space for each 30 sq. ft. of dance floor.

Commercial recreation facilities –
Indoor
Arcade 1 space for each 200 sq. ft. of floor area.

Bowling alley 5 spaces for each lane.

Pool and billiard room 2 spaces for each table.

Skating rink 1 space for each 100 sq. ft. of rink area.

Commercial recreation
facilities – Outdoor
Determined by use permit.

Equestrian facilities –
Commercial stables
1 space for each 5 horses boarded.

Golf
234 of 387
Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Golf courses and country clubs 4 spaces for each hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, etc.)
Golf driving ranges 1 space for each tee.

Miniature golf courses 3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.)
Health/fitness facilities 1 space for each 200 sq. ft. of floor area.

Library, museum 1 space for each 300 sq. ft. of floor area.

Meeting facility, public or private 1 space for each 4 seats, or 1 space for each 40 sq. ft. of floor area if no seats are provided, whichever is greater, plus 1 space for each classroom or office.

Schools (public and private)
Kindergarten and nursery
schools
1 space for each 3 employees (including administrators and teachers) and 1 space for each 10 children.

Elementary/middle schools 1 space for each employee plus 1 space for each 8 students.

Secondary (high) schools 1 space for each employee plus 1 space for each 4 students.

Colleges and universities
(including trade and business
schools)
1 space for each 1.5 students.

Studios (art, dance, martial arts,
music, etc.)
1 space for each 200 sq. ft. of floor area.

Swimming pools (public, private
and commercial)
1 space for each 100 sq. ft. of pool deck area.

Tennis/racquet/handball or other
courts
2 spaces for each court, plus 1 space for each 300 sq. ft. of floor area for accessory uses.

Theaters, auditoriums 1 space for each 3 seats.

Residential
Accessory dwelling unit or junior
accessory dwelling unit
See Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

Live/work units 1 space for each unit.

Multifamily housing
Studio units and one-bedroom
units
1 space for each unit.

Two- and three-bedroom units 1.5 spaces for each unit.
235 of 387
Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Four-bedroom units and above 2 spaces for each unit, or less as required by the review authority.

Guest parking 1 space for each 4 units.

Organizational house 1 space for each bedroom.

Residential care homes
Six or fewer clients 2 spaces.

Seven or more clients 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees.

Rooming or boarding houses 1 space for each bedroom.

Senior housing projects 1 space for each two units, plus 1 guest parking space for each 10 units.

Reduced parking may be provided in compliance with
Section 17.36.080(C) (Reduced Parking for Restricted Senior Housing Projects).

Single-family dwellings including
mobilehome units and
manufactured housing
2 spaces.

Retail Trade
All “Retail Trade” uses listed
under “Retail Trade” in Tables 2-
2 or 2-3, except the following:
1 space for each 200 sq. ft. of floor area, and 1 space for each 200 sq. ft. of outdoor sales area.
1 space for each 400 sq. ft. of floor area for showroom and office, 1 space per 600 sq. ft. of area used for repairs and services, and 1 space for each 2,000 sq. ft. of outdoor display area.

Auto and vehicle sales and
rental
All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.

Building and landscape
materials, and furniture,
furnishing, and appliance stores
1 space for each 500 sq. ft. of indoor display area for first 10,000 sq. ft., 1 space for each 1,000 sq. ft. of indoor display area over 10,000, and 1 space for each 1,000 sq. ft. of outdoor display area.

Convenience stores 1 space for each 250 sq. ft. of floor area.

Garden stand 2 spaces minimum, either on-street adjacent to the property or off street, out of the public right-of-way.

Grocery stores, delicatessens,
supermarkets (not within a
retail complex)
1 space for each 150 sq. ft. of floor area used for display and sales, and 1 space for each 800 sq. ft. of floor area used exclusively for warehousing.
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Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Plant nursery, garden supply
stores
1 space for each 2,000 sq. ft. of site area, and 1 loading space, 15 ft. x 30 ft., for each acre.

Produce stands or other outdoor
vendors
3 spaces minimum or 1 space for each 150 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-of-way or 20 feet from the front property line with no vehicle maneuvering allowed in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

Restaurants (not within a retail
complex)
1 space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting, and lounge areas.

Retail complexes 1 space for each 250 sq. ft. of floor area for complexes of less than 30,000 sq. ft., and 1 space for each 300 sq. ft. for complexes of 30,000 sq. ft. or more.

Services
Banks, financial services (not
within a retail complex)
1 space for each 180 sq. ft. of floor area, plus 4 tandem stacking spaces for each outdoor teller or teller station.

Child day care See Section 17.42.060.

Equipment rental 1 space for each 300 sq. ft. of floor area, plus 1 space for each 1,000 sq. ft. of outdoor storage and rental area.

Laundry – Dry cleaning pick-up
facilities and laundromats
1 space for each 250 sq. ft. of floor area.

Laundry – Laundries and dry
cleaning plants
1 space for each 1,000 sq. ft. of floor area.

Lodging
Bed and breakfast inns 1 space for each guest room, plus 2 covered spaces for the resident family.

Hotels or motels 1 space for each guest room or rental unit, or 1 space for each two beds, whichever is greater, plus required spaces for accessory uses.

Medical services
Clinics and laboratories 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Doctor offices 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Extended care, urgent care 1 space for each 3 patient beds the facility is licensed to accommodate.

Hospitals 1 space for each 2 patient beds the facility is licensed to accommodate. 237 of 387
Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Mortuaries, funeral homes 1 space for each 4 seats in main sanctuary.

Offices
Business and service 1 space for each 250 sq. ft. of floor area.

Processing 1 space for each 150 sq. ft. of floor area.

Professional 1 space for each 250 sq. ft. of floor area.

Personal services – All except the
following:
1 space for each 250 sq. ft. of floor area.

Pet grooming 1 space for each 400 sq. ft. of floor area.

Public utility structure or
installation, bus depot, or transit
station
1 space for each 3 employees, plus additional spaces required by the commission.

Service (gas) stations 1 space for each 250 sq. ft. of floor area, plus 3 spaces for each service bay.

Storage areas 1 space for each 1,500 sq. ft. of floor area Vehicle services – All except the
following:
(All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.)
4 spaces for each service bay, plus spaces for any office as required by this section for offices.

Car wash – Self service 1 drying space for each stall.

Car wash – Full service 10 spaces, plus 6 spaces for each wash lane for queuing and drying area.

Veterinary clinics, animal
hospitals, kennels
1 space for each 250 sq. ft. of floor area.

Kennels separate from other
facilities
1 space for each employee, plus 2 spaces.

See subsection G of this section for all projects located more than one-half mile of public transit, or projects subject to specific thirty-day findings pursuant to Government Code Section 65853.2. 238 of 387
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SECTION 13: Amendment to the Cotati Municipal Code. Section 17.36.070 is amended as follows:

17.36.070 Bicycle and motorcycle parking.

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

1. Number of Bicycle Spaces Required.
a. Multifamily residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of seventy-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be shortterm parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private, ground-floor, enclosed storage space that will accommodate a bicycle. b. Multifamily and mixed-use projects within the TOC and SWSP Zoning Districts/overlay area shall provide bicycle parking spaces equal to a minimum of one secured bicycle parking space per dwelling unit and one secured bicycle parking space per 5000 square feet of office space.
c. Nonresidential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of twenty-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be shortterm parking.

SECTION 14: Amendment to the Cotati Municipal Code. Sections 17.36.080(A-F) are amended as follows:

17.36.080 Reduction of parking requirements.

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

B. Reduction of Parking. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required), based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales 241 of 387
receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

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

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

E. Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval.

F. Alternative Parking Arrangements for the DSP, TOC and CD Zoning District(s). Alternative parking may be approved by the review authority for projects located in the DSP, TOC and CD zoning district(s) where the applicant executes an agreement with the city. Potential elements of said agreement include:

1. Pay a parking in-lieu fee, based on an in-lieu fee established or approved by the council;

2. Waive the right to protest the formation of a parking assessment district, if a parking district is formed by the council; or

3. Provide some other fair share contribution acceptable to the review authority, where authorized by the council.

The agreement shall be recorded before the issuance of a building permit for the project.

SECTION 15: Amendment to the Cotati Municipal Code. Sections 17.39.030 is amended as follows:

G. Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately incorporated into the project design.

1. Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, or wood pickets or a combination of such materials. Chainlink fencing is prohibited.

2. The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.
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3. Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.

4. Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.

5. Refuse Containers.
a. Provide dumpsters for refuse collection within a roofed enclosure with walls a minimum of six feet tall. Allow adequate size to accommodate the needed landfill, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
b. Coordinate with the refuse pickup provider to determine the size and number of dumpsters required, and ensure that dumpsters shall accommodate all waste streams (landfill, recycling and compost, etc.).
c. Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
d. Provide lighting at refuse enclosures for nighttime security and use. e. Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit.

No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

6. Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches.

This section does not apply to vertical mixed use.

7. Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area. Alternatively, project applicant may provide common laundry facilities.

8. Curb Demand Management. The public street frontage of all new multifamily and mixed-use development projects shall incorporate curb management design characteristics to facilitate ride-share pick-ups, delivery vehicle parking, micromobility access and parking for all vehicle types.

9. Mobility Hub Features. Mobility hubs are centralized locations where people can easily access and transfer between multiple modes of transportation. Each multi-family 243 of 387
development shall incorporate a minimum of four mobility hub features from the menu below.
a) Micromobility stations and drop zones
b) Dedicated Car Share Service and Parking
c) Loading Zones for ride-hail, shuttles, micro/on-demand transit and urban freight d) Common carrier package pickup and/or similar efficient delivery services e) Wayfinding Signage to off-site transit and mobility opportunities f) Electric Vehicle Charging Infrastructure
g) Long- and Short-Term Bicycle Parking
H. Mixed Use Developments. In addition to the objective standards identified above, projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:

1. Site planning and building design shall provide for pedestrian access from the public street into the nonresidential and residential portions of the project, through courtyards, plazas, and walkways.

2. Horizontal mixed use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas, and walkways.

3. All building design and site design requirements and criteria identified herein shall be incorporated into mixed use projects.

I. Solar on Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.

J. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans. (Ord. 927 § 16, 2024).

SECTION 16: Amendment to the Cotati Municipal Code. Sections 17.60.040 Table 6-1 is amended as follows:
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Table 6-1
Planning Permit Review Authority
Role of Review Authority(1)
Type of Decision
Applicable
Land Use
Code Section
Design Review
Administration Director
Planning
Commission City Council
Administrative and Legislative
Interpretation 17.12 Decision(2) Appeal Appeal
Development Agreement 17.66 Recommend Recommend Decision General Plan Amendment Recommend Recommend Decision
Specific Plan Recommend Recommend Decision
Zoning Map Amendment 17.62.070 Recommend Recommend Decision Land Use Code Amendment 17.62.070 Recommend Recommend Decision Planning Permit/Development Approval
Preapplication Conference 17.60.040(A) Feedback
Zoning Clearance 17.62.020 Decision Appeal Appeal
Minor Use Permit (MUP) 17.62.050 Decision(2) Appeal Appeal Use Permit (UP) 17.62.050 Recommend Decision Appeal
Minor Variance 17.62.060 Decision(2) Appeal Appeal
Variance 17.62.060 Recommend Decision Appeal
Design Review – Single-family
dwelling or two-unit multifamily plex
(duplex) structure

17.62.040 Decision Appeal Appeal
Design Review – All other projects 17.62.040 Recommend Recommend Decision Appeal Limited Term Permit 17.62.030 Decision Appeal Appeal
Sign Permit or Master Sign Plan 17.38.030 Recommend Decision Appeal Appeal Master Sign Plan 17.38.030 Recommend Decision Appeal Appeal Tree Permit – Developed parcel 17.54 Decision Appeal Appeal Tree Permit – Undeveloped parcel 17.54 Recommend Recommend Decision Appeal Tree Permit – Native oak 17.54 Recommend Recommend Recommend Decision Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decisionmaking body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 17.84 (Appeals). "Feedback" means that the director shall issue a letter addressing those issues outlined in subsection A of this section. (2) The director may defer action and refer the request to the commission, so that the commission may instead make the decision.
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
SECTION 17: Amendment to the Cotati Municipal Code. Sections 17.62 Permit Review and Decisions is amended to add 17.62.070 Amendments as follows:

Chapter 17.62 Permit Review and Decisions
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Section 17.62.070 AMENDMENTS
A. Purpose. This section provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.

B. Applicability, initiation, processing, notice, and hearing.

1. Applicability.
a. General Plan. A General Plan amendment may include revisions to text or diagrams. b. Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.
c. Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
1a. A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

2. Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated by:
a. A resolution of the Council or Commission;
b. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

2. Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.2.b, shall be filed in compliance with Chapter

17.60 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required below.

3. Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request. 246 of 387
C. Public hearings required.

1. After the initial processing of a proposed amendment in compliance with Chapter 17.60 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings).

3. Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D. Commission action on amendments.

1. Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of a majority of Commission members; otherwise the proposal shall be deemed denied.

2. Modification of amendments.
a. The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission as an reconsideration. However, in keeping with the No-Net-Loss elements of state law, an existing residentially zoned parcel may not be rezoned to a less dense residential district without a requisite up-zoning of a separate parcel to compensate for the loss in allowable residential units on the subject parcel. b. The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

3. Denial of amendment.
a. A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter

17.84 (Appeals).
b. However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing. 247 of 387
c. Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 17.62.070 F. (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.

E. Council action on amendments.

1. Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings identified below.
a. General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
b. Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

2. Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.

3. Non-substantive changes by the Council.
a. The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration. b. Before taking the action, the Council may (at the Council discretion) refer the proposed non-substantive change to the Commission for a written recommendation. c. In this case, the Commission need not hold a public hearing and shall report back to the Council within 60 days after the date of Council referral, or the Council shall be deemed to have approved the proposed non-substantive changes.

F. Findings.

An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1. Findings for General Plan amendments.
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a. The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested and/or anticipated land use developments; and
d. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being adopted for an alternate location.
e. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Findings for Zoning Code/Map amendments.
a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
d. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. e. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
f. Additional finding for Zoning Map amendments: The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being adopted for an alternate location.

G. Prezoning.

1. Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to 249 of 387
the City.
a. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
b. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map. c. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

2. Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained above.

3. Council's action on prezoning.
a. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained above. b. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

SECTION 18: Amendment to the Cotati Municipal Code. Sections 17.74.030 is amended as follows:

17.74.030 Condominiums and condominium conversion.

Condominiums and condominium conversions shall comply with the following requirements, and the limitations and standards in Section 17.42.065 (Condominium, stock cooperative, and other common interest projects) and the applicable sections of the Subdivision Map Act.

A. Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 17.71 (Tentative Map Filing and Processing). Chapter 17.72 (Parcel Maps and Final Maps) of this title, determines whether a parcel or final map shall also be filed.

B. Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.

1. Approvals Required. A conversion shall require the approval of a tentative map, and 250 of 387
parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Section 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.

2. Approval of a tentative map allowing the conversion of rental units to ownership condominium units shall require the replacement of the rental units at a one-to-one ratio, where permitted by state law, as a condition of map approval. This one-to-one unit replacement ratio is not required for condominium conversions where:
a) A minimum of 90% of the condominium units are purchased by current tenants; or b) 100% of the converted housing units are proposed to be deed restricted as affordable housing to households earning 120% of the Area Median Income (AMI) or less for a period of 55-years; or
c) The structure(s) proposed for conversion was constructed after December 31, 2025.

3. Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.71 (Tentative Map Filing and Processing) of this title, except as otherwise provided by the following provisions of this section.

4. Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:
a. Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units and shall include a narrative description of the size and bedroom counts of the units proposed to be converted;
b. Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10;
c. Tenant Relocation Assistance Plan. A detailed plan that provides a first right of refusal to current tenants to purchase a unit at the same price offered to the general public; describes the tenant protections, benefits, and required relocation payments and moving assistance information to be given to each tenant; and includes the steps the applicant will take to ensure the successful relocation of each temporarily and/or permanently displaced tenant. The plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, 251 of 387
including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long-term affordability for the units proposed for conversion are exempt from this requirement. d. Housing Stock Assessment. An analysis of the potential impact on the city’s housing supply and costs. The analysis shall provide adequate information for the city to determine whether the proposed condominium conversion would have a negative effect on the city’s multifamily rental housing supply and rental rates and shall identify, at a minimum:
i. Vacancy rates for multifamily housing by unit size,
ii. Vacancy rates for existing condominiums and townhomes in the city by unit size,
iii. Rental rates of multifamily units, by unit size, and the rental rates of the project proposed for conversion,
iv. Length of time existing for-sale condominiums in the city have been on the market, and
v. The number of multifamily apartment units, by unit size, that are in the city’s housing stock and the percentage of the city’s apartment stock, by unit size, that would be reduced by the proposed condominium conversion.

4. Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.74.020) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.

5. Public Notice. The following notice shall be provided in addition to that required by Chapter 17.88 (Public Hearings) of this title:
a. Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and b. Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

6. Approval of Conversion, Required Findings.
a. Time limit, Stock Cooperatives. The approval or disapproval of the conversion of 252 of 387
an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 17.71.030 (Tentative map filing, initial processing) of this title. The one hundred twenty day time limit may be extended by mutual consent of the subdivider and the city, and/or as allowed under state law.
b. Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

7. Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.72 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b). (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

SECTION 19: Amendment to the Cotati Municipal Code. Sections 17.60.040 Application preparation and filing, Table 6-1 is amended as follows:

17.60.040 Application preparation and filing.

Table 6-1
Planning Permit Review Authority
Role of Review Authority(1)
Type of Decision
Applicable
Land Use
Code Section
Design Review
Administration Director
Planning
Commission City Council
Administrative and Legislative
Interpretation 17.12 Decision(2) Appeal Appeal
Development Agreement 17.66 Recommend Recommend Decision General Plan Amendment Recommend Recommend Decision
Specific Plan Recommend Recommend Decision
Zoning Map Amendment 17.62.070 Recommend Recommend Decision Land Use Code Amendment 17.62.070 Recommend Recommend Decision Planning Permit/Development Approval
Preapplication Conference 17.60.040(A) Feedback
Zoning Clearance 17.62.020 Decision Appeal Appeal
Minor Use Permit (MUP) 17.62.050 Decision(2) Appeal Appeal Use Permit (UP) 17.62.050 Recommend Decision Appeal
Minor Variance 17.62.060 Decision(2) Appeal Appeal
Variance 17.62.060 Recommend Decision Appeal
Design Review – Single-family
dwelling or two-unit multifamily plex
(duplex) structure

17.62.040 Decision Appeal Appeal
Design Review – All other projects 17.62.040 Recommend Recommend Decision Appeal Limited Term Permit 17.62.030 Decision Appeal Appeal
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Table 6-1
Planning Permit Review Authority
Role of Review Authority(1)
Type of Decision
Applicable Land Use
Code Section
Design Review
Administration Director
Planning
Commission City Council
Sign Permit or Master
Sign Plan

17.38.030 Recommend Decision Appeal Appeal
Master Sign Plan 17.38.030 Recommend Decision Appeal Appeal Tree Permit –
Developed parcel

17.54 Decision Appeal Appeal
Tree Permit –
Undeveloped parcel

17.54 Recommend Recommend Decision Appeal
Tree Permit – Native
oak

17.54 Recommend Recommend Recommend Decision
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decisionmaking body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 17.84 (Appeals). "Feedback" means that the director shall issue a letter addressing those issues outlined in subsection A of this section. (2) The director may defer action and refer the request to the commission, so that the commission may instead make the decision.
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
SECTION 20: Amendment to the Cotati Municipal Code. Chapter 17.60.070 is hereby amended, as follows:

17.60.070 Initial Application review.

A. Review for Completeness. The director shall review each discretionary permit application or preliminary application (as defined by State law) for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the city's list of required application contents (see Section 17.60.040(C) of this chapter), and any additional instructions provided to the applicant in any preapplication conference, and /or on the City website.

1. Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of a discretionary permit application or preliminary application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director's letter, must be provided. a. When a discretionary permit application or preliminary application proposing a residential project is deemed complete, this project shall be considered to have 254 of 387
“vested” the applicable development standards and required fees in place at the time the completeness determination is made.
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2. Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in compliance with Chapter 17.84 (Appeals) of this title.

3. Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.

4. Expiration of Application. If an applicant fails to provide the additional information specified in the director's letter within 90-days for a preliminary application or within six months after the first filing of a discretionary permit application with the department, the application shall expire and be deemed withdrawn. The director, at the complete discretion of the City may grant one six-month extension if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, project approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.

5. Environmental Information. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.60.080 (Environmental review) of this chapter.

SECTION 21: Amendment to the Cotati Municipal Code. Chapter 17.62 is hereby amended to add Section 17.62.070 Amendments, as follows:

17.62.070 Amendments.

A. Purpose. This section provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.

B. Applicability, initiation, processing, notice, and hearing.

1. Applicability.
a. General Plan. A General Plan amendment may include revisions to text or diagrams. b. Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City. 257 of 387
c. Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
1a. A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

2. Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated by:
a. A resolution of the Council or Commission;
b. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

3. Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.2.b, shall be filed in compliance with Chapter

17.60 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required in Section

17.62.070 F. below.

4. Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C. Public hearings required.

1. After the initial processing of a proposed amendment in compliance with Chapter 17.60 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings).

3. Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D. Commission action on amendments.
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1. Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of a majority of Commission members; otherwise the proposal shall be deemed denied.

2. Modification of amendments.
b. The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission as an reconsideration. However, in keeping with the No-Net-Loss elements of state law, an existing residentially zoned parcel may not be rezoned to a less dense residential district without a requisite up-zoning of a separate parcel to compensate for the loss in allowable residential units on the subject parcel.
b. The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

3. Denial of amendment.
a. A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter

17.84 (Appeals).
b. However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing. c. Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 17.62.070 F. (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.

E. Council action on amendments.

1. Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings identified below.
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a. General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
b. Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

2. Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.

3. Non-substantive changes by the Council.
a. The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration. b. Before taking the action, the Council may (at the Council discretion) refer the proposed non-substantive change to the Commission for a written recommendation. c. In this case, the Commission meeting need not be held as a public hearing and the results shall reported back to the Council within 60 days after the date of Council referral, or the Council shall be deemed to have approved the proposed non-substantive changes.

F. Findings.

An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1. Findings for General Plan amendments.
a. The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested and/or anticipated land use developments; and
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d. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being at alternate location.
e. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Findings for Zoning Code/Map amendments.
a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
d. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. e. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
f. Additional finding for Zoning Map amendments: The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density at an alternate location.

G. Prezoning.

1. Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
a. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
b. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map. c. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation. 261 of 387

2. Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained above.

3. Council's action on prezoning.
a. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained above. b. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

SECTION 22: Amendment to the Cotati Municipal Code. Chapter 17.64.080 is hereby amended, as follows:
§ 17.64.080 Permit time limits, extensions, and expiration.

A. Time Limits.

1. Unless a condition of approval or other provision of this land use code establishes a different time limit, any permit or approval not exercised within 2.5 years (30 months) of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B of this section.

SECTION 23: Amendment to the Cotati Municipal Code. Chapter 17.88.040 is hereby amended, as follows:

7.88.040 Hearing procedure.

A. Conduct of Hearing. Each hearing shall be conducted in compliance with rules of procedure adopted by the council for the applicable review authority.

B. Continued Hearing. A hearing may be continued. Continuance may occur without further public notice if the hearing body announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing. Public notice of the continued hearing shall be provided in compliance with this chapter if the review authority continues the hearing to a date uncertain. For any matter being considered at a hearing in compliance with this land use code, a hearing body may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

C. Hearing limits for residential projects. Final action to approve or deny any residential projects must be decided with a maximum of five public hearings as defined by State law.

SECTION 24: Amendment to the Cotati Municipal Code. Chapter 17.90.020 is hereby amended to modify and/or add the following terms and phrases, as follows:
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17.90.020 Definitions of specialized terms and phrases. "Antique or collectible store" means a retail store that sells antiques, curios, vintage clothing, gifts and souvenirs, and collectible items including sports cards and comic books. A store that primarily sells books is included under "General retail." Does not include stores selling other types of secondhand items, which are instead included in the definition of "Secondhand store." “Curb Demand Management” means the practice of actively monitoring and regulating the various uses of curb space in a city, aiming to optimize its allocation and prioritize different demands like parking, loading zones, bike sharing, ride-hailing pick-ups, electric vehicle charging and deliveries, to ensure efficient mobility and access for all users while considering factors like traffic flow and safety.
“Curb Extension” means a widening of the sidewalk into the parking and/or travel lane to visually and/or physically narrow the roadway. Curb extensions may be utilized to provide numerous street enhancements including safer, shorter and more visible pedestrian crossings; increased space for street furniture, plantings, and other amenities; narrowing the road width and/or tightening the intersection curb raii (slowing automotive turning movements). Curb extensions have multiple
applications and may be segmented into various sub-categories, ranging from traffic calming to bus bulbs and midblock crossings.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. “Emergency Vehicle Access (EVA)” means a roadway or other surface that provides access for emergency vehicles to reach a building, facility, or other area. This includes fire lanes, parking lot lanes, and public or private streets.
“Floor Area Ratio (FAR)” means the relationship between the total amount of usable floor area of a building and the total area of the lot/parcel. The Plan uses FAR for commercial development, with a range from 1.0-3.0 FAR allowed. “Microdistillery” means a small scale distillery that produces beverage-grade alcohol in relatively small quantities, often through single-batch processes. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Production quantity is limited to 10,000 cases of beverages (all beverage types combined) annually. May include the distribution of beverages for consumption at other sites.
“Micromobility” means a range of small, lightweight vehicles operating at speeds typically, below 25 km/h and driven by users personally. Micromobility devices include bicycles, e-bikes, electric scooters, electric skateboards, shared bicycles, and similar modes of transportation.
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“Microtransit” means a technology-enabled private multi-passenger transportation services that serve passengers often using dynamically generated routes, and may expect passengers to make their way to and from common pick-up or drop-off points. Vehicles can range from large SUVs to vans to shuttle buses, providing transit-like service but on a smaller, more flexible scale. “Mobility Hub” means an area serving as a community anchor providing a welcoming environment that enables travelers of all backgrounds to access multiple transportation options and supportive amenities. Built on the backbone of frequent and high-capacity transit, mobility hubs offer a safe, comfortable, convenient, and accessible space to seamlessly transfer across different travel modes micromobility, ride share, personal automobiles and transit, which include supportive amenities designed and incorporated into a cohesive space. “Objective Design and Development Standards (ODDS)” means standards that apply to the design and build out of parcels including multifamily and mixed-use development. “Parking Management Plan” means a set of strategies, policies and regulations to manage parking demand and supply in a specific area. The goal of the plan shall be to maximize the efficiency of parking resources and minimize impacts on surrounding properties and uses.

Parking management plans focus on a variety of needs, including space usage, access control, occupancy, layout, circulation, allocation, and violation management. Key elements include analysis of current and future needs, traffic flow strategies (like signage and designated zones), technology and physical design solutions such as speed humps and line markings. “Personal services” mean establishments providing nonmedical services to individuals as a primary use. Examples of these uses include:

1. Barber and beauty shops;

2. Clothing rental;

3. Dry cleaning pick-up stores with limited equipment;

4. Home electronics and small appliance repair;

5. Laundromats (self-service laundries);

6. Locksmiths;

7. Massage (licensed, therapeutic, nonsexual);

8. Pet grooming with no boarding;

9. Shoe repair shops;

10. Tailors;
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11. Tanning salons;

12. Tattoo and body piercing services.
“Personal services – Restricted” means personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

1. Check cashing stores;

2. Fortune tellers;

3. Palm and card readers;

4. Pawnshops;

5. Psychics;

6. Spas and hot tubs for hourly rental;
“Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and for which the sale of other products is merely incidental. “Tobacco product” means any substance containing tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. “Tobacco product” also means any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Tobacco product does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Transit-Oriented Communities (TOC)” policies means standards that apply to the design and build out of parcels including multifamily and mixed-use development located within one halfmile of the SMART Train station. “Transportation Demand Management (TDM)” means a set of transportation strategies aimed at providing travelers with travel choices, such as route, time of travel and mode. In the broadest sense, demand management is defined as providing travelers with effective choices to improve travel reliability and policy measures to reflect the true cost of driving, such as congestion pricing, VMT charging and parking management/pricing.
“Zoning Code” means a set of specific local rules that dictates how land in a specific area can be used and developed.
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SECTION 25: 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 26: Effective date.

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

SECTION 27: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on January 13, 2026, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:

Mayor
Attest:

Kevin Patterson, City Clerk
Approved as to form:
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City Attorney
This document is a true and correct copy of Ordinance Number ### and has been published or posted pursuant to law. California Government Code § 40806 Kevin Patterson, City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: SANTERO WAY AND TOC REZONING WORKSHOP
Date: December 9, 2025
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council introduce and conduct the first reading of an ordinance to create the Santero Way (SW) and Transit Oriented Communities (TOC) zoning districts, to make additional zoning amendments to implement the Transit Oriented Communities (TOC) policy requirements from ABAG/MTC and to make other clarifying changes to the Cotati Municipal Code (CMC).

Background
.In August 2001, the Santero Way Specific Plan (SWSP) was adopted, and originally envisioned a mixed-use office neighborhood adjacent to the SMART rail station. The primary objective of the original SWSP was to increase the number of residents and employees within walking distance (1/2 mile) of the SMART station. Specifically, the original Plan envisioned the development of 198 new dwelling units, 339,200 square-feet of office and institutional uses, 68,000 square-feet of retail uses, and 57,000 square feet of supporting parkland/open space.

On August 8, 2023, in response to stalled development within the Plan area, the City Council authorized the City Manager to enter into a professional services agreement with 4LEAF Inc. and several subconsultants to provide planning consulting services to complete the Santero Way Specific Plan Update.

In September 2023, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) published draft administrative guidance on their TransitOriented Communities (TOC) policies. These policies are intended to intensify land uses within ½ mile of transit hubs with the primary goal of increasing the overall supply of housing while also supporting the creation of jobs and increasing transit ridership, in keeping with the Plan Bay Area 2050. For Cotati, this area primarily covers properties along East Cotati Avenue. These 268 of 387
criteria essentially serve to increase residential and commercial densities, support alternative transportation, and reduce the perceived impediments to development. While adoption of the TOC policies is voluntary for Bay Area jurisdictions, TOC compliance will be required to retain eligibility for One Bay Area Grant (OBAG) funds by 2026, which have amounted to approximately $1,000,000 in annual funding for the City of Cotati in recent years.

In April 2024, staff identified a potential opportunity for the environmental analysis being prepared for the SWSP Update to be expanded to additionally analyze the potential impacts of implementing ABAG/MTC TOC policies on the other eligible parcels within the ½ mile radius surrounding the Cotati SMART station (graphic attached). Including this analysis in the environmental impact report (EIR) already underway was approved in order to provide significant cost savings, expedite the analysis, and prepare the City for future adoption of the TOC policies.

In February of 2025 the Santero Way Specific Plan (SWSP) was adopted after 18 months of public engagement, environmental analysis and policy development. One of the core themes of the SWSP is the focus on the neighborhood’s proximity to the SMART station and the benefits of intensified land uses around the train station. These themes are captured through a range of policy ideas often labeled Transit Oriented Development. As was discussed during the review of the Santero Way Specific Plan (SWSP), some of the policies adopted with the SWSP were influenced by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) Transit Oriented Communities (TOC) policy, which comes from their regional planning tool to manage growth in the nine counties of the San Francisco Bay Area, Plan Bay Area 2050+.

Plan Bay Area 2050+ is similar to a General Plan for a city or county but considers and plans for growth on a regional scale. ABAG/MTC identify goals and priorities to guide and manage Bay Area growth and use various methods to achieve compliance with the policies and programs, including allocation of grant funding such as the One Bay Area Grant (OBAG). In Cotati, OBAG provided significant funding for road infrastructure projects in recent years. For local jurisdictions seeking to comply with the Plan Bay Area, TOC has become one of the most impactful planning policies to come out of the 2050+ update process. This policy seeks to intensify land use in close proximity to transit stations and also standardize TOD development criteria throughout the Bay Area.

Because of the unique variety of jurisdictions and transit throughout the region, creation of the TOC policy implementation metrics has been an ongoing and iterative process spanning several years. Since the SWSP project was approved, implementation focus has moved from land use requirements within a ½ mile radius of the SMART station, to more broad policy requirements such as “The Three P’s of Housing”: Production, Preservation, and Protection; automotive and bicycle parking management; and efforts to facilitate circulation and station access. Required implementation of TOC policy is generally limited to the ½ mile radius around the transit stop (see pg. 27 MTC TOC Policy Version 1.1 May 2025), however the nature of some of the policy requirements make limiting enforcement to this geographic area of the City challenging.

In May 2025 the ABAG/MTC TOC policy guidance document was finalized allowing Community Development department staff to pivot their TOC policy efforts to the remaining 269 of 387
properties within the broader half-mile radius from the SMART station not within the SWSP boundary. Due to the unique geography of the City, this primarily encompassed properties on E.

Cotati Avenue, from La Salle Avenue east to the SWSP. While demonstrating compliance with TOC policy direction is important to grant infrastructure funding, taking a thoughtful and community-informed approach to the land use changes in this established area is also critical to the successful implementation of these policies.

On June 25, 2025, staff built upon the outreach and engagement efforts of the SWSP, inviting all residents and property owners within a 500-foot radius of the remaining TOC parcels to a neighborhood meeting at Cotati City Hall. Four people attended the meeting and several others called in to ask questions and voice their perspectives. Generally, interested individuals were supportive of the policy efforts to get more homes constructed and to generate more business activity, but were concerned about parking impacts that could result from these intensified business activities (given the inability of the City to require any parking minimums under the proposed policies).

On September 15, 2025, the Planning Commission considered the strategy and code changes proposed by staff to implement the TOC policy at a workshop. After receiving the staff report and presentation, the Commission discussed the proposed policy changes and voted unanimously to support the staff recommendation, making a few additional recommendations. Specifically, the Commission recommended that the City Council incorporate a micro-distillery land use and ensure vintage clothing stores are permissible in the CMC.

On September 23, 2025, the City Council received the Planning Commission recommendation regarding the strategy and code changes proposed by staff to implement TOC policy and make other proposed Cotati Municipal Code (CMC) revisions, also through a workshop format. After receiving the staff report and presentation, the Council discussed the proposed policy changes and voted unanimously to support the staff recommendation, including the Commission recommendation to incorporate micro-distillery and vintage clothing land uses into the CMC, including in the TOC area.

On November 3, 2025, the Planning Commission held a public hearing to consider a draft ordinance to implement comprehensive set of code amendments to comply with the ABAG/MTC TOC policies as well as make some modifications to the CMC to resolve identified challenges and to implement policy direction received from the Planning Commission and City Council.

After considering the ordinance and receiving the public comment, the Commission voted 2-1 to recommend that the City Council introduce the ordinance. Additional details on the Planning Commission consideration are provided below.

OBAG Funding and Eligibility
Future OBAG funding cycles will consider funding revisions that prioritize investments in transit station areas that are subject to and compliant with the TOC Policy. To ensure eligibility for OBAG 4 funding and any other discretionary funding that may be linked to TOC Policy compliance, jurisdictions are being directed to demonstrate compliance prior to adoption of OBAG 4 (expected in 2026). Compliance with TOC policies is anticipated to be measured on a 100-point framework equally measured (25 points each) across four categories: Density, Housing, Parking, and Station Access. These categories are further divided into specific 270 of 387
standards, each of which is assigned a numeric point value.

As proposed, staff anticipates the proposed changes will result in the City being near full compliance with TOC policies. The identified areas of “scoring weakness” are primarily around the Access Gap Analysis (8 points) and Mobility Hub Planning (7 points) required for the Station Access component of TOC compliance primarily due to this analysis being done as part of the SWSP, which was drafted and approved before the TOC policy guidance was completed by ABAG/MTC. See the attached ABAG/MTC compliance slideshow for more details on compliance scoring.

Analysis/Discussion
Land Use and Planning Considerations
TOC Policy Summary
As discussed during the workshop and identified above, TOC policy implementation and compliance is divided into four categories: residential and commercial density; housing (production, preservation, protection, and business stabilization); parking; and transit access. To be deemed compliant jurisdictions must implement several policies in each of these categories with thresholds based on available transit “tiers.” These tiers are defined by the scale, frequency and intensity of the transit availability in each jurisdiction, with Cotati (and all north bay jurisdictions) being categorized as “Tier 4’. Some standards are specifically required (residential and commercial density) while others may be selected from a menu of policy options. For the latter, ABAG/MTC allows jurisdictions to choose from a provided list of policies within each category as a means of achieving TOC compliance.

During the workshop, staff presented the entire menu of available policy options, and highlighted a recommended choice for each category based on established Council Goals, commitments in 271 of 387
the Housing Element, state law requirements and other identified department priorities. Below, staff has provided a summary of the TOC compliance requirements, the policy direction recommended by the Planning Commission and selected by the City Council and a summary of the code changes or other implementation mechanisms proposed to achieve the TOC policy.

1. Zoning and Land Use
-Minimum density zoning near transit: Tier 4 jurisdictions must allow 25-35 units per acre of residential and mixed-use development and a commercial Floor Area Ratio (FAR) of 1.0-3.0. -Reduced parking requirements: Tier 4 jurisdictions must eliminate minimum parking requirements and implement a maximum of 1.5 parking spaces per residential unit and 1 space per 250 square feet of commercial square footage.
-Require one secured bicycle parking space per residential unit and one secured space per 5,000 square feet of commercial office land uses.

Staff Response: Staff has created two new zoning districts for inclusion in the CMC. The first is the Santero Way (SW) zoning district proposed for the developed parcels on Santero Way and the remaining un-developed and under-developed properties south of these existing homes. The second is the Transit Oriented Communities (TOC) zoning district proposed for the undeveloped and under-developed parcels north of the existing homes on Santero Way, and all of the other TOC eligible parcels with frontage on E. Cotati Avenue. See SW and TOC Parcel ID Map, attached.

2. Affordable Housing and Commercial Stabilization
As discussed and presented during the workshop, TOC Policy requires a jurisdiction to adopt at least six housing policies, selected from a menu of 26 pre-determined strategies identified by ABAG/MTC. Jurisdictions must select at least two policies for each of the “3Ps” of Housing:
affordable housing production, preservation, and protection. Additionally, jurisdictions must select at least one commercial stabilization policy from a menu of four options. Below, staff have identified the policies supported by the Planning Commission and City Council for adoption, including a statement of clarifying information and a summary of the proposed compliance methodology. Appendix A of the attached MTC Administrative Guidance document (May 2025, Version 1.1) includes additional information on each of the strategies, as referenced in the discussion below.

Production (at least 2 required)
Production Policy 4- Public Land for Affordable Housing. Development of 120 E. Cotati Ave with 100% affordable housing project is proposed to satisfy this compliance element of the ABAG/MTC TOC policy (see Appendix A of MTC Admin Guidance pg. 9-10 for compliance details).

Production Policy 6-Streamlined Entitlement Processes. This ABAG MTC TOC policy language directs the City to match/implement the SB 330 vesting rights and “no net loss” provisions (see Appendix A of MTC Admin Guidance pg. 17-18 for compliance details). See CMC redline 272 of 387
Sections 17.30.082; 17.60.070; and 17.64.080, for proposed implementation language (redline attached).

Preservation (at least 2 required)
Preservation Policy 4-Condominium Conversion Restrictions. Require that units converted to condominiums be replaced 1:1 with comparable rental units, unless purchased by current longterm tenants or converted to permanently affordable housing with protections for existing Tenants (see Appendix A of MTC Admin Guidance pg. 24-25 for compliance details).

Implements HE Program 4-1. See CMC redline Sections 17.30.082 Preservation Policy 7-Mobile Home Preservation. Policy or program to preserve mobile homes from conversion to other uses that may result in displacement of existing residents (see Appendix A of MTC Admin Guidance pg. 31-32 for compliance details). Existing CMC Section 17.28.030 mobile home park regulations adequate. Implements HE Program 1-6 Protection (at least 2 required)
Protection Policy 2-No net Loss and Right to Return to Demolished Homes. Require one-to-one replacement of units that applies the same or a deeper level of affordability, the same number of bedrooms and bathrooms, and comparable square footage to the units demolished. Provide displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units (see Appendix A of MTC Admin Guidance pg. 37-38 for compliance details). See CMC redline Sections 17.30.082 for proposed implementation language (redline attached).

Protection Policy 6-Rent Stabilization. Restricts annual rent increases based upon a measure of inflation or other metric, with provisions exceeding those established by AB 1482 (2019, Chiu). Cotati’s existing mobile home park rent stabilization code may be adequate to comply. AS this is yet to be determined staff has proposed three protection policies as a means to comply.

Protection Policy 7-Previenting Displacement from Substandard Conditions Associated with Code Enforcement Activities. Policies, programs, or procedures designed to minimize the risk of displacement caused by substandard conditions including through local code enforcement activities (see Appendix A of MTC Admin Guidance pg. 48-50 for compliance details). Implements HE Program 4-5.

Commercial Stabilization (at least 1 required)
Commercial Stabilization Policy 4-Small Business Advocate Offices. Provide a single point of contact for small business owners and/or a small business alliance (see Appendix A of MTC Admin Guidance pg. 60-61 for compliance details). City staff have updated the Community Development (CD) Department webpage to implement and advertise a “Business Liaison” program whereby business can contact the City and have a staff member assigned to assist them with identified challenges and concerns. This new program is also consistent with and implements the FY 2025-26 CD Work Plan.
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3. Parking Management (all policies must be implemented in the TOC areas) ABAG/MTC TOC Policy mandates eight parking management elements within the ½ mile TOC area. Current City of Cotati parking policies are not fully aligned with the TOC Policy and staff have drafted municipal code updates to bring the City’s current parking policies into TOC conformance (see attached draft redline amendments). It is notable that the recommended reduced parking ratios are proposed to be adopted for the TOC policy area (1/2 mile surrounding the SMART station) only, while some of the more general parking standards and policies are recommended for citywide adoption. This is intended to both support compliance with the TOC policies and to facilitate parking management in light of state-mandated reduced parking requirements. Below is a summary of the required TOC parking policies and the areas of the City the these proposed code revisions would apply to.

Requirement Response
Residential Parking Minimums Proposed in TOC: 0 spaces per unit Residential Parking Maximums Proposed in TOC: 1.5 spaces per unit Commercial Parking Minimums Proposed in TOC: 0 spaces per sq ft Commercial Parking Maximums Proposed in TOC: 4 spaces/1000 sq ft Allow Shared Parking Between Different Land Uses Current Codes Consistent Allow Unbundled Parking (Separate the Cost of a
Parking Space from Rent/Sales Price)
Proposed City-wide (CMC 17.26.040)
Residential Bicycle Parking: 1 Secure Space per
Unit
Proposed City-wide (CMC 17.36.070)
Office Bicycle Parking: 1 secure Space per 5,000
Occupied sq. ft.

Proposed City-wide (CMC 17.36.070)
In addition to the policy changes referenced above and similar to the housing policy options discussed, the TOC Policy requires adoption of one complementary parking management strategy for the TOC area, selected from a menu of options. The staff recommendation to meet the TOC compliance requirements is highlighted.

Complementary Policies for Parking Management
Policy 2-Curb Strategy/Management. Create priority for curb access based on variable needs. In the era of reduced parking requirements, mobile delivery services, multimodal transportation options and the continued (partial) reliance on automobile trips, demand for curb space is ever increasing. Given this increasing demand, directing that infrastructure to serve each of the users of the curb space be built into future developments is seen by staff as critical to ensuring functional circulation around the City. See CMC redline Sections 17.39.030 G. 8., for proposed implementation language (redline attached).
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4. Station Access and Circulation
The ABAG/MTC TOC Policy includes four strategies related to station access and circulation.

As summarized below, Cotati is partially compliant with the TOC access and circulation requirements with existing policies (such as the City’s past commitments to complete streets and the SMART station gap analysis completed with the SWSP Update) however, staff is recommending additional zoning changes to implement mobility hub elements into multi-family and mixed-use developments (see CMC 17.39.030 G. 9. in the attached redline code changes). If adopted, these changes should complete the City’s needed station access and circulation requirements for ABAG/MTC TOC policy implementation. These policy changes are intended to increase access to transit while supporting sustainable transportation options.

Requirement Response
Adopt a jurisdiction-wide Complete Streets Policy Compliant since OBAG 2 Prioritize implementation of active transportation projects in TOC area(s)
See future CIP Project List
and Project COAs
Complete an access gap analysis and capital improvement program for station access
Included in SWSP Update
and ATP
Identify Mobility Hub planning and implementation opportunities in TOC area(s)
Zoning Changes proposed
City-wide (CMC 17.39.030
G. 9.)

5. Recommended Compliance Pathways
ABAG/MTC have identified multiple pathways for jurisdictions to demonstrate TOC policy compliance including adoption of a TOC overlay zone; certification of a TOC-compliant Specific Plan or General Plan update; and/or project-by-project review and approval under TOC criteria. As summarized above, City of Cotati compliance methodology is proposed to be achieved through a combination of funding expenditures, adopted revisions to the CMC, and administrative programs intended to implement the policy direction. Primarily, compliance will be achieved through code changes proposed to the TOC 1/2-mile radius and more broadly the entire city (where appropriate and beneficial). The City purchase and development of 120 E.

Cotati Avenue is proposed to meet the production requirement given that the funding amount is adequate and identified plans meet the TOC policy requirements. Lastly, administrative commitments to department programs and policy implementation are proposed to meet the requirements regarding commercial stabilization and tenant protections.

To formulate the recommendations above, staff compared the TOC policy direction with the adopted Council goals, budget availably, in-progress/pending City commitments, and state law mandates. This analysis resulted in a recommended compliance approach that (staff finds) will achieve substantial compliance with the TOC policy direction while also meeting the adopted 275 of 387
budget and policy goals identified by the City Council and established state legislation. In some instances where benefits from the updated policies are anticipated to address challenges beyond the TOC boundary or can be implemented with existing policy, staff has recommended these be adopted city-wide to facilitate implementation.

Additional Code Clean Up
Occasionally staff identify challenges with code implementation based on missing, unclear, or inconsistent language within the Cotati Municipal Code (CMC). Along with the TOC ordinance changes, staff is also proposing to address several of these identified issues including to recategorize “Tattoo and body piercing services” from the ‘personal services-restricted’ land use category, to the ‘personal services’ land use; to add Retail Tobacco Store into the land use tables and definitions; and to codify the process to amend the General Plan and/or Zoning policies of the City. Below staff has provided additional details on these elements of the proposed ordinance.

Tattoo and Body Piercing-If supported, this change would greatly expand the allowable locations tattoo artists may operate from within the City. Currently personal services-restricted categorizes tattoo businesses similarly to palm readers and pawn shops, limiting these uses to the CE zoning district and only in second floor and secondary (non-visible) locations. This classification effectively prohibits tattoo businesses from operating in other commercial areas of the city such as downtown and along the Gravenstein Hwy corridor. If changed to personal services, tattoo studios would be viewed more like a salon or esthetician and would be allowed as permitted land uses in all commercial areas of Cotati. The current classification has limited several new businesses from opening in Cotati, and the tattoo studio use is much more mainstream than it has historically been viewed, leading staff to propose this change for consideration.

Retail Tobacco Store- Retail tobacco stores (aka “smoke shops”) are not permitted at any locations within the City of Cotati. The two in operation were previously authorized and are “non-conforming” because the use is no longer permitted. The Chapter 17 (Land Use) of the CMC utilizes “permissive” zoning, meaning if a use is not listed, it is deemed to be not permitted. Additionally, the regulations governing tobacco retailers are included in Chapter 9 Public Peace, Safety and Morals of the CMC. This combination often creates confusion with project applicants and other parties interested in tobacco related land uses. To address this and clarify that retail tobacco stores are prohibited in Cotati, staff is proposing to update the code to list this land use, include its definition and clearly identify it as not permitted within Cotati.

Codified Amendment Process-Table 6-1 of the CMC identifies the decisions making process required for the City and/or project applicants to make “amendments” to the City’s General Plan and/or zoning policies. However, no process is included in the CMC describing the steps required to review and process such changes, or the findings required by decision makers to support any request to make such an amendment. In response to this deficiency, staff have drafted a codified process and findings to guide such future decisions. Given the significance of such potential future changes, it is important to have a defined process by which staff, the community and the decision makers of the City can look to for guidance in making such decisions. See Chapter 17.62.070 Amendments for details on this proposed CMC update. 276 of 387
Planning Commission Direction
During the November 3, 2025, public hearing to consider the proposed TOC implementation options, the Planning Commission indicated general support for the staff recommendations, both regarding TOC policy implementation and the proposed “clean up” changes. After receiving the presentation on the proposal. asking questions to ensure complete understanding and taking public comment, all members of the Commission were supportive of the proposed CMC amendments with one exception, Parking Unbundling. Members of the public and one commissioner voiced concerns that the unbundling of parking spaces from residential units would result in overall rent increases due to parking being identified as an “added amenity” but automobiles still be relatively necessary given the lack of adequate public transportation options.

Additional concerns were voiced that this change would disproportionately impact lower income residents and create parking impacts on surrounding residents and neighbors.

In response to this concern, the supporting members of the Planning Commission recommended that any unbundling be limited to only the TOC area, and that staff provide the City Council with information regarding the compliance scoring impacts of not including unbundled parking in the ordinance and also the potential costs of a parking space if charged separately from the rent.

Staff response: As identified in the MTC_TOC Evaluation Criteria (attached) unbundled parking is only identified as providing 1 point out of 100 for compliance scoring. Given this relatively minor impact on the score, and the challenges anticipated with enforcement of any unbundled parking mandate staff is not concerned with removing the unbundled parking from the TOC compliance ordinance.

An online search for available parking identified individual space pricing from $100-$150 per month for unsecured surface parking and $184-$500 per month for secured garage parking.

These prices were for spaces throughout the bay area and were not specific to Sonoma County.

IV. General Plan Consistency
These changes have been reviewed for compliance and consistency with the Cotati General Plan, including the Housing Element. Staff analysis has identified the following General Plan policies and actions as supporting the proposed changes to the municipal code and other policy implementation strategies:

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

Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character. 277 of 387
Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the nonresidential activities would not be adversely affected.

Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

In addition, these amendments are consistent with and implement the following General Plan policies and programs:

Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Policy CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

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

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

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

Staff response: The proposed amendments will help to further the established goals, policies, and implementation programs of the General Plan, including the Housing Element and Santero Way Specific Plan to reduce greenhouse gas production and improve air quality by providing additional opportunities for alternative transportation and walkability; will maintain the supply of developable land and expand housing opportunities through increased density and increased development certainty, including on infill sites along E. Cotati Avenue and Santero Way; will direct that the layout and design of new development encourages the use of alternative transportation; will conserve resources by encouraging the efficient use of land and allowing more intense development of both residential and commercial land uses; and use land appropriately by increasing the intensity of development in close proximity to the train station and along one of the City’s primary commercial corridors.

Financial Considerations
Other than the staff time required to conduct the analysis and present the information, no direct financial impacts to the general fund were identified resulting from the analysis of TOC policy compliance. However, as has been identified, OBAG funding eligibility is being updated to include TOC compliance as a critical factor in fund allocation and grant approval. Given that a significant portion of the City’s capital improvement plan (CIP) budget has historically been funded by OBAG funds, a lack of compliance with TOC policy could significantly impact the 278 of 387
City’s ability to fund future CIP projects. Additionally, a strong TOC compliance score could allow the City to increase its competitiveness for these funds and receive additional funding.

Because ABAG/MTC is still finalizing the TOC compliance criteria, the scope and benefit of this additional competitiveness is undetermined.

Environmental Issues
In keeping with CEQA Guidelines Section 15168(a), a Program Environmental Impact Report (PEIR) was prepared to analyze and evaluate the environmental impacts associated with the Santero Way Specific Plan Update and implementation of the Transit Oriented Communities (TOC) zoning updates. In accordance with CEQA Guidelines Section 15094(d), after the City Council approved adoption of the Specific Plan Update, the city filed a Notice of Determination with the County Clerk. Following adoption of the updated SWSP, proposed development projects that are consistent with the Specific Plan would undergo a streamlined CEQA review process. The proposal to adopt an ordinance implementing the TOC policies is seen as consistent with the EIR analysis and determination, as well as the environmental impact analysis of the Cotati General Plan EIR.

Both of these complete EIR (draft and Final) documents and all appendices are available for public review on the City website. These documents include impact analysis across all categories analyzed under CEQA; all comments received throughout the process and responses to each; summary of impacts all mitigation measures identified to mitigate to less than significant impacts.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: MEMORANDUM OF UNDERSTANDING, SANTERO WAY

APARTMENTS
Date: January 13, 2026
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council authorize the City Manager by motion to execute a nonbinding memorandum of understanding with South Rock Ventures, LLC regarding the sale of a City-owned property on Santero Way.

Background
The City of Cotati owns a small property on Santero Way (APN 144-320-033) without an address, for which there is no planned public purpose. The location of this property is indicated on the attached map.

The City recently completed an update to the Santero Way Specific Plan (SWSP) for the area (February 2025), which included extensive input from our community and was unanimously supported by our Planning Commission and City Council. The subject property was included in the previous Cotati Station entitlement to facilitate development, extend Depot Way for the required secondary emergency access and generally further community goals for the SWSP area and staff continue to anticipate the parcel being used in any future developments.

With the strong community desire to see the goals of this SWSP achieved, the most beneficial use of the City property is to be incorporated into the planned uses of the adjacent parcels, for a cohesive development that best implements the community vision. Therefore, at the July 8, 2025 City Council meeting, the City Council adopted a resolution declaring the property as ”exempt surplus property”. This was the necessary first step to enter into discussions with interested parties to sell or otherwise exchange the property to further the community vision. 280 of 387
Analysis/Discussion
Concurrently with the City Council action on July 8, 2025, staff commissioned a third-party appraisal to verify the fair market value of the property. The appraisal, which is attached, found the fair market value of the property to be $450,000.

Staff subsequently entered into discussions with a development group (South Rock Ventures, LLC) that is interested in pursuing re-entitlement and development of the adjacent vacant parcels, between Depot Way and the existing Santero Way housing, as well as the vacant land south of the existing housing on Santero Way. The attached non-binding Memorandum of Understanding (MOU) is the product of those discussions.

The proposed MOU essentially is a statement of intent for both parties that the City intends to sell the property to the development group and the development group intends to provide the City with currently undefined additional improvements that at least equals the fair market value of the property. The additional public improvements must be acceptable to the City and beyond the scope of the planned development (not already required for the development). The actual improvements built would be determined during the entitlement process and subject to a later binding development agreement.

Financial Considerations
There are no direct financial impacts at this time, as this MOU is not binding. However, the MOU does express a future intent to exchange the property at fair market value for future public improvements of equal value or more.

Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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SANTERO WAY SPECIFIC PLAN AREA

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