RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A
TREE REMOVAL PERMIT TO ALLOW DVELOPMENT OF A PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT ON VACANT UNADDRESSED
PROPERTIES LOCATED ON LUND HILL LANE 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# 25-20 / APNs 144-450-036, -037, -038, -039, -040, -041, -042 & -043) WHEREAS, on March 27, 1990, the Cotati City Council adopted Ordinance No. 530, which approved subdivision of a 1.6-acre property into eight lots and a Planned Unit Development (PUD) Overlay allowing four of the lots to be developed with duplexes and four lots to be sold as undeveloped single family residential parcels; and WHEREAS, on January 28, 2008, the Cotati Planning Commission again approved development of the PUD and adopted Resolution No. PC 08-04 approving a Mitigated Negative Declaration and Mitigation Monitoring Program that were prepared for development of the site; and
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 January 06, 2026, the applicant submitted a complete Tree Removal Application to allow for mass grading of the site in preparation for development of the residential units; and
WHEREAS, Public Hearing Notices of the March 24, 2026, City Council hearing for consideration of the tree removal permit 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 March 24, 2026, the City Council held a duly noticed public hearing to consider public testimony on the proposed tree removal, 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 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 proposed Project is also 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 tree removal permit can be made for the following reasons:
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 – The trees proposed for removal consist primarily of young oaks that have established on the site since it was last graded around 1991. The remaining trees include blue gum eucalyptus and Monterey pine, which the Cotati Municipal Code (CMC) classifies as undesirable species due to their large size, extreme flammability, invasive roots, and/or poor structure. The removal of these trees will not be detrimental to public health or safety.
The central trees, of which almost all are less than 6 inches in diameter, will be removed to accommodate site grading and construction. No specimen or heritage trees are present that must be preserved. The tree removal plan eliminates undesirable species along the southerly property line while preserving a significant number of trees, including oaks, along the rear of the properties. Oaks along the northern and southern property lines will also be retained.
The trees proposed for removal do not serve as a privacy buffer, provide wind screening, or impact on-site drainage, erosion, or land stability. No adverse effects are expected from their removal. Existing oaks along the northern and southern borders, which provide screening from adjacent neighbors, will be retained. As a condition of approval, additional planting will be required in these areas to maintain screening.
In conformance with Chapter 17.54 of the CMC, to mitigate the loss of the 68 trees the applicant is required to replant 164 trees or pay an in-lieu fee. Conditions of approval mandate replanting three trees on each lot (24 trees total). A payment of $18,340 (140 trees x $131/tree) will be paid into the City’s tree mitigation fund in-lieu of planting the remaining trees.
The permit 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 Tree Removal Permit to allow development of the Eucalyptus Glen subdivision located on the west side of Lund Hill Lane between Jagle Street and Valparaiso Avenue based on the foregoing findings and subject to compliance with all of the Conditions of Approval identified below:
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Trees authorized for removal with this permit may only be removed in conjunction with an approved grading or building permit. This permit does not authorize removal of trees prior to development activities.
2. In accordance with Chapter 17.54 of the Cotati Municipal Code, to mitigate the loss of 68 trees, the applicant shall replant 164 native oak trees or pay an in-lieu mitigation fee as published in the most current city fee schedule ($131 per tree as of March 24, 2026). The mitigation shall be completed as follows:
A. Plant three native oak trees (minimum 15-gallon size) on each lot as part of construction, for a total of 24 trees. At least one tree on Lot 1 shall be planted along the northern property line, and at least one tree on Lot 8 shall be planted along the southern property line, to provide screening from adjacent existing residences. All building permit applications shall include a landscape plan. If fewer than three trees are proposed for planting on a lot, the applicant shall pay an in-lieu fee for the difference. Prior to issuance of a certificate of occupancy, the City shall verify that the Permittee has appropriately installed all plants consistent with the approved final landscaping plan.
B. Pay an in-lieu mitigation fee for 140 unplanted trees at the rate published in the City’s fee schedule when grading or building permits are requested (as of March 24, 2026, the total fee equals $18,340). Payment shall be due at the time of grading or building permit issuance.
3. The removal of a tree with a height of fifty feet or more shall not occur between April 15 and June 15, to provide for the nesting and stopover patterns of raptors, migratory birds, and other bird species.
4. All plan sets submitted for grading or building permits shall have a sheet printed with all conditions of approval written herein.
5. 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.
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. To protect retained trees tree protective fencing shall be installed as specified in CMC Section 17.54.040. Additionally, the tree protective measures outlined in Tree Inventory Report dated January 2, 2026, shall be adhered to.
9. Prior to approval of construction or grading plans the applicant shall properly mitigate for potential impacts to the California Tiger Salamander based on current guidelines and direction issued from USFWS and CDFW and supply proof of adequate mitigation to the Cotati Community Development Department.
10. 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.
11. 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.
12. 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.
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 March 24, 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