RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI UPDATING THE
MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND
REPEALING PREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH SERVICES.
WHEREAS, the City Council of the City of Cotati (“City”) has maintained a policy of recovering up to the full cost of providing miscellaneous voluntary City services and regulatory activities from those persons utilizing them, so that such costs are borne by the direct beneficiaries of such services and regulatory activities rather than by the City General Fund, pursuant to applicable law; and
WHEREAS, the City Council adopted a comprehensive update of the City’s schedule of such services and regulatory activities by Resolution No. 2025-21 on the 13th day of May 2025; and
WHEREAS, annually, City staff are directed to update the Fees contained in Exhibit “A” in accordance with Cotati Municipal Code 3.42; and
WHEREAS, in adopting the fees and charges for City services as set forth in this Resolution, the City Council is exercising its powers under Article XI, Section 7 of the California Constitution, Section 66014 of the California Government Code, and other applicable law; and
WHEREAS, none of the fees and charges set forth in the Fee Schedule adopted by this Resolution is a “tax” as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution because such fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product; such fees and charges are imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product; and/or such fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and
WHEREAS, in accordance with Government Code Section 65909.5, reasonable city fees for the processing of use permits, zone variances, or zone changes shall not exceed the amount reasonably required to administer the processing of such permits, zone variances or changes; and WHEREAS, in accordance with the Government Code Section 66016, the fees contained in the Fee Schedule and the basis for calculating such fees constitute cost data supporting the fee increases and new fees and charges, and such cost data was available for public review and comment for ten days prior to the public hearing at which this Resolution was adopted; and WHEREAS, 15 days advance notice of the public hearing at which this Resolution was adopted was given by publication in accordance with Sections 54354.5 and 6062 of the Government Code; and
WHEREAS, in accordance with Section 66019(c) of the Government Code, the City mailed notice of the meeting at least 14 days in advance to any interested person who has filed a written request; and
WHEREAS, it is the intention of the City Council to adopt a schedule of fees and charges, which updates certain existing fees and charges, and/or establishes certain new fees and charges based on the City's budgeted and projected costs of providing such services; and WHEREAS, the schedule of fees and the total amounts thereof, described in Exhibit "A," which is attached to and made a part of this Resolution, are hereby determined to be reasonable in that the amounts thereof do not exceed the estimated reasonable costs of providing the services for which the charges and fees are made.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati as follows:
Section 1. Findings. The following findings are true and correct and adopted as the findings of the City Council:
A. The purpose of the fees and charges set forth in Exhibit "A" of this Resolution is to recover up to the full, lawfully recoverable costs incurred by the City in providing various City services, and such fees and charges are not levied for general revenue purposes.
B. After consideration of the data and information regarding the costs of providing services relating to all fees and charges subject to this Resolution, including the Fee Schedule, Staff Billing Rates, all testimony received orally or in writing at or before the noticed public hearing, the agenda report and the background documents to the agenda report and all correspondence received (together, “Record”), the City Council of the City of Cotati approves and adopts the methods and basis of calculations of the fees and charges identified in Exhibit “A” as establishing the reasonable estimated cost of providing such services or activities.
C. Adoption of the fees and charges set forth in Exhibit "A" of this Resolution is intended to recover costs necessary to maintain such services within the City within existing service areas and is not a “project” within the meaning of the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations ("CEQA Guidelines") section 15378(b)(4) (the creation of government funding mechanisms or other government fiscal activities which do not involve any specific commitment to any specific project which may result in a potentially significant impact on the environment); and/or CEQA Guidelines section 15273 (statutory exemption for rates, tolls, fares and charges within an existing service area); and/or CEQA Guidelines section 15061(b)(3) (“common sense” general exemption where there is no possibility the activity in question may have a significant effect on the environment).
D. The Record establishes that the costs listed in the Fee Schedule and the staff rates applicable to those fees and charges which are to be increased and/or established as costs incurred by the City in providing City services are reasonable estimates of the cost of providing such services, and that the revisions recommended to existing fees for such services are necessary to recover the reasonable, estimated cost of providing such services.
E. The Council desires to rescind the Water Conservation Fee, established by Resolution 93-83, because the program is now funded by water and sewer rates.
Section 2. Fee Schedule Adoption. The fee amounts that result from the application of the methods and basis of calculation of the Fees identified in Exhibit “A” to current staff billing rates specified for services and activities subject to such fees are hereby imposed on the services or activities subject to such Fees at the time such services or activities are sought and/or performed by the City or its designated contractors.
Section 3. Separate Fee for Each Process. All fees set by this Resolution are for each identified process or service; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units.
Section 4. Adoption of Fees.
A. Definitions.
(1) “Applicant” shall mean any person required by the Cotati Municipal Code or other applicable law to apply to the City seeking a permit or other approval or services or to file documents, including, but not limited to, maps, concerning proposed Development Projects within the City. “Applicant” shall also mean any person who: (i) is permitted by the Cotati Municipal Code or other applicable law to apply to the City seeking a permit or other approval or services or to file documents, including, but not limited to, maps, concerning proposed Development Projects within the City and who (ii) actually applies to the City seeking such permit or other approval or services or files such documents.
(2) “Development Projects” shall mean the construction, alteration or addition, other than by the City, of any building or structure within the City, and any use of land, other than by the City, including, but not limited to, subdivision of land, within the City that is subject pursuant to the Cotati Municipal Code or other applicable law to first seeking and obtaining from the City a permit or other approval or services or to first filing documents, including, but not limited to, maps with the City.
(3) “Fees” shall mean the charge or charges imposed on members of the public or Applicants to recover the costs incurred by the City in providing City services to any member of the public and development related services to Applicants.
B. Services Fees Imposed.
Fees shall be imposed on and paid by members of the public and Applicants at the times, and in the amounts, and otherwise apply and be administered as prescribed in this Resolution. The City shall accept for processing no applications or other filings that are subject to payment of Fees without the fee required pursuant to this Resolution.
C. Time for Payment of Fees.
The estimated Fees applicable to members of the public and Applicants subject to payment of Fees shall be deposited and/or be paid, upon a member of the public or an Applicant seeking or being required to seek a permit or other approval or services or filing documents, including, but not limited to, maps, concerning or related to City services and/or proposed Development Projects within the City, and upon notice from the City that a deposit for future processing is required.
D. Fee Amounts.
The fee amounts shall be as specified in the Fee Schedule attached as Exhibit A to this Resolution. The total Fees applicable to any City services or Development Projects that require payment of multiple Fees shall be the sum of all such Fees.
E. Use of Fee Revenue.
The revenues raised by payment of the Fees shall be used to fund the estimated reasonable cost of providing the services for which the Fees are charged, and the fee revenues shall not be used for general revenue purposes. Fees shall be applied against the cost of providing the services for which the fees are charged. The City shall maintain a record of direct and indirect costs of providing services for City services and Development Projects subject to the deposit.
F. Deposit Maintenance.
Applicants subject to Fees in the form of a deposit must maintain minimum deposit balances in accordance with this resolution and any corresponding deposit agreement.
G. Refund of Unused Deposit Balances.
Fees other than deposit amounts are not subject to refund. If a fund balance remains in the deposit for a Development Project, and the City services for such Development Project are completed and all City service costs paid from such deposit, the remaining deposit balance shall be refunded, without interest, to the Applicant.
Section 5. Subsequent Analysis and Revision of the Fees. The fees and charges set forth herein are adopted and implemented by the City Council in reliance on the Record identified above.
The City may continue to conduct further study and analysis to determine whether the fees and charges for City services should be revised. When additional information is available, the City Council may review the fees and charges to determine that the amounts do not exceed the estimated reasonable cost of providing the services for which the fees and charges are charged.
Section 6. Adjustment. Annually, City staff are directed to update the Fees contained in Exhibit “A” in accordance with Cotati Municipal Code 3.42. If the fees are no longer adequate to recover the reasonable estimated cost of providing such services and regulatory activities, staff are directed to return to the City Council with a new staff analysis and proposed Fee calculations for consideration and possible adoption by the City Council. Staff are further authorized to make nonsubstantive administrative edits to Exhibit “A” for the purpose of clarifying fees.
Section 7. Effective Date. This Resolution shall become effective 60 days following adoption. In accordance with Government Code Section 66017, all new and/or increased fees and charges upon a development project, as defined in Government Code Section 66000, which apply to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be effective no sooner than 60 days following the effective date of this Resolution.
Section 8. Repealed. These Fees and charges shall supersede the fees previously established and adopted by the City Council. All previously adopted and conflicting fees and charges and all resolutions, including, but not limited to, Resolution No. 2025-21 and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this Resolution.
Section 9. Severability. The individual fees and charges set forth in Exhibit "A" of this Resolution and all portions of this Resolution are severable. Should any of the fees or charges or any portion of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or Resolution portions shall be and continue in full force and effect, except as to those fees, charges, and/or Resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted each of the fees and charges set forth in Exhibit "A" of this Resolution, and this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this Resolution may be held invalid or unconstitutional.
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 June 9th, 2026, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Exhibit A Master Fee Schedule (DOCX)