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.
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.
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
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]
Figure 3. Front & Side Elevations of Building 2
Figure 4. Front & Side Elevations of Building 3
As conditioned by the Planning Commission, the building layout will be the reverse of this image.
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 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 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, 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;
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
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.
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;
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 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.