RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A
TENTATIVE PARCEL MAP TO ALLOW A MINOR SUBDIVISION (LOT SPLIT) AT 766 EAST COTATI AVENUE
(PA# 20/16 / APN 144-302-050)
WHEREAS, on July 22, 2020, the Applicant submitted an application for approval of a Parcel Map to subdivide a parcel located at 8841 Old Redwood Highway (APN 144-302-050) into two separate parcels; and
WHEREAS, the subject parcel contains split zoning with the northerly portion fronting East Cotati Avenue located in the CE (Commercial, East Cotati Corridor) zoning district and the southerly portion located in the NM (Neighborhood, Medium Density) zoning district; and WHEREAS, the proposed subdivision would divide the property along the zoning districts’ border; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the City of Cotati General Plan, the City’s Subdivision Ordinance, and the State Subdivision Map Act; and
WHEREAS, the City Council finds that the health, safety, and welfare of the citizens of the City of Cotati will not likely be jeopardized by approval of the project; and WHEREAS, on March 18, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Project, and unanimously recommended that the City Council approve the proposed subdivision; and
WHEREAS, Public Hearing Notices of the April 9, 2024, City Council hearing for consideration of the subdivision 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 April 9, 2024, the City Council held a duly noticed public hearing to consider public testimony on the proposed subdivision, 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 on the item; and WHEREAS, the Record of Proceedings ("Record") upon which the City Council bases its decision includes, but is not limited to: (1) the State California Quality Act (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 adoption of the zoning amendment t; (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 finding in support of this Resolution.
BE IT FURTHER RESOLVED that the City Council finds that this project is categorically exempt from the provisions of the CEQA pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions). CEQA Guidelines Section 15315 applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, which the State has determined to be a class of projects that will not have a significant effect on the environment.
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 Parcel Map can be made for the following reasons:
1. The proposed map, and/or subdivision design or improvements are consistent with the general plan and any applicable specific plan. The proposed Parcel Map divides the property along the border of two existing land use designations – GC (General Commercial) and NU (Neighborhood, Urban) and does not alter the land use designations or zoning districts. The subdivision would not conflict with the General Plan and may provide an increased opportunity to develop the residentially zoned portion of the property.
2. The site is physically suitable for the type or proposed density of development. No development or change in density is proposed as a part of the subdivision. The subdivision does not affect the development capacity of the site or adversely affect the provision of services.
3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project does involve development of the parcels and the subdivision of land does not have an effect on the environment or increase its development capacity.
As noted above, the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions).
4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The division of the property does not introduce any health or safety problems. The Rancho Adobe Fire District has reviewed the subdivision and is requiring a fuel pump dispenser to be removed or relocated to maintain a minimum 10- foot distance from the newly-created property line.
5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision. There are no public access easements across the property and the subdivision does not conflict with any other existing easements.
6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The subdivision of land does not require any new hook ups to the City’s sewer system. The potential for violating the requirements of the Regional Water Quality Control Board will be examined if a development is proposed on either of the parcels.
BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby approve the Parcel Map allowing for the division of the parcel located at 766 East Cotati Avenue (APN 144-302-050) based on the foregoing findings and subject to compliance with all the Conditions of Approval identified below:
RANCHO ADOBE FIRE DISTRICT
1. The westernmost fuel dispenser shall be removed or relocated so that no fuel dispenser is located closer than 10 feet from any property line.
PUBLIC WORKS & ENGINEERING DEPARTMENT
Real Property
2. A current (within the last 3 months) Preliminary Title Report (including the grant deed and title items) is required. All existing easements and other relevant title items must be shown on the Parcel Map and other plans as appropriate.
3. An access easement and maintenance agreement over Lot 2 in favor of Lot 1 is required.
The maintenance agreement between Lot 1 & Lot 2 for shared access and the easement documents shall be finalized (legal descriptions and plats) and presented to the City for review prior to recordation of the Parcel Map.
4. Any structures and/or utilities (service station air & water and parking lot lighting) within Lot 2 that benefit Lot 1 shall be relocated, removed, or abandoned. Provide easements for any structures and/or utilities that will remain within Lot 2 that benefit Lot 1. As evidence of where existing underground utilities & improvements are located, provide previously prepared plans for the gas station improvements, or provide a site ALTA survey certifying the same.
5. Verify all site frontage public utilities are within a Public Utility Easement (PUE) with a field survey by a licensed land surveyor/civil engineer. If public utilities are not within a PUE, provide easements for all public utilities as appropriate.
6. If the property is not presently included, the owner shall execute an agreement to annex the residential parcel into the City’s Community Facility (CFD) District. The owner shall create a CFD if one does not already exist and annex the property into it. Determination of parcel descriptions to be dedicated to the District (versus roadway right of way) shall be determined by the City Engineer. Public facilities within public properties/rights of way shall be included in the district in terms of funding maintenance of such facilities, shall be determined by the City Engineer.
Public Works/Engineering
7. Existing curb, gutter and sidewalk along the project frontage that are in disrepair shall be removed and replaced. All nonconforming frontage pedestrian ramps and driveway approaches shall also be brought up to current accessibility standards. All as determined by the City Engineer.
8. The developer shall prepare and submit Improvement Plans for the frontage repair and upgrades. All design and construction shall conform to the latest edition of the City of Cotati Design and Construction Standards. The submittal shall include an Engineer’s Estimate for the public improvements. Improvement Plans must be approved and signed by the City Engineer, prior to the issuance of an Encroachment Permit.
9. Prior to approval of the Parcel Map the developer shall either complete the required removal and replacement of frontage improvements in disrepair and nonconforming frontage improvements, as determined by the City Engineer, or enter into a Public Improvement Agreement and post security with the City of Cotati, agreeing to complete the required construction within 24 months of permit issuance, or as otherwise established by the City Engineer.
10. 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 our Encroachment Permit process can be found at:
http://www.cotaticity.org/city_hall/departments/public_works_and_engineering/encroach ments.
11. Future water lines and sewer lines on the private property shall be identified as “private” on the design drawings.
12. The City shall install future domestic water meter for Lot 2 at property line in City ROW with backflow device located on private property as close to the ROW as is practical.
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 April 9, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
City Attorney