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
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;
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.
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 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;
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 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 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 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:
• 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.
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.
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 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 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).
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.
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.
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.
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.
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 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.
(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 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.
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