Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ACCEPTANCE OF THE IMPROVEMENT PLANS AND
APPROVAL OF THE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT, AND ACCEPTANCE OF THE
ASSOCIATED DEDICATION OF EASEMENTS FOR PUBLIC
PURPOSES FOR THE FLAHAVEN ESTATES SUBDIVISION
Date: August 12, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati approve a resolution to:
1. Accept the Flahaven Estates Subdivision Improvement Plans; and
2. Approve the Subdivision Improvement Agreement; and
3. Approve the Final Map for the Flahaven Estates Subdivision and the easement dedications and right-of-way abandonment depicted on the Final Map; and
4. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Subdivision Improvement Agreement and Final Map, and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.
Background
On January 23, 2024, the City Council approved entitlements to allow construction of a 35-lot single family subdivision at 8841 Old Redwood Highway, subject to applicable Conditions of Approval, and found the project consistent with the Cotati General Plan Environmental Impact Report.
Subsequent to the City’s approval of the project, and the Developer submitted the Improvement Plans (“Plans”), draft Final Map, and related subdivision documents for review by the City and the Rancho Adobe Fire District. The City Engineer, Community Development Director, Police Chief, and the Fire District Chief have reviewed the Improvement Plans and have determined them to be in conformance with the entitled Project. The Final Map contains the mapping and notation information for the property owner to dedicate land for public purposes consisting of public roadways and sidewalk.
Following City Council action on the Subdivision Improvement Agreement and Final Map, the development can be constructed with administrative approvals for construction permits and payment of fees.
Analysis/Discussion
Following the entitlement approval by the City Council, the “Entitlement” phase of the project ended and the “Improvement” phase began. The first step of the Improvement phase was initiated with the submittal by the Developer of the Improvement Plans and Final Map applications. Improvement Plans (“Plans”) were submitted, reviewed and approved by the City Engineer, Community Development Director, Police Chief and the Fire Chief. The Plans were checked for conformance with the entitled Project approved by Council, and with City engineering standards and Fire District requirements. The Plans are at a construction level of detail for site grading and public improvements and are available for viewing at the City Clerk’s office.
Before the Developer can proceed with pulling building permits, the approved Final Map needs to be recorded to show the creation of the parcels, dedication of land for streets, sidewalks, and utilities. Because the improvements are not constructed, a Subdivision Improvement Agreement (SIA) is required along with a security bond, to assure the public improvements shown on the Improvement Plans will be constructed. The Developer and the City have negotiated the Subdivision Improvement Agreement which has been signed by the Developer (property owner) and for which the City has received bonding for an amount equal to 100% of the estimated construction cost of the public improvements ($5,337,297). The agreement includes a deadline of two years from the effective date of the agreement to complete the public improvements. The public improvements included in the SIA consist of the following:
1. Site preparation and grading,
2. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, striping and signs,
3. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), and Low Impact Development features (bio-retention beds and interceptor trees),
4. Sanitary sewer improvements both on-site and extending the existing sewers in Old redwood Highway, and service laterals,
5. Water improvements consisting of on-site pipelines, valves, fire hydrants, service lines, and irrigation services to common parcels,
6. Landscaping including soil preparation, plantings for street frontages, and
7. All dry utilities (gas, electric, and communications).
An itemized engineer’s cost estimate for these improvements is included in the SIA.
Once the SIA has been executed, the Final Map is to be recorded, which creates the subdivision.
The Final Map has been reviewed by City staff and its consultants, including consultants with Land Surveying professional licenses, and is recommended for City Council approval. The Final Map contains the mapping and notations for the property owner to dedicate land for public purposes consisting of public roadways and sidewalks as follows:
1. Dedication in fee for public purposes Schollmann Way and Larsen Lane, including sidewalk easements, and
2. Dedication as easements for public purposes the Public Utility Easements for public utility purposes including (“existing and future”) electric, gas, communication facilities and all other public utility purposes, together with any and all appurtenances including the ability from time to time to trim and cut down and clear away or otherwise control any trees or brush.
The Project has an inclusionary housing requirement with the presentation of an inclusionary housing agreement to the City Council for consideration as a separate item.
A Declaration of Covenants, Conditions and Restrictions is to be recorded and run with all 35 lots of the subdivision. The CC&Rs are to impose rules on the properties and charges. A Flahaven Estates Community Association shall be formed to manage the development including charging assessments and liens. All property owners shall be proportionally responsible for the “Association Maintenance Area,” consisting of the street landscaped area, sound barrier wall adjacent to Old Redwood Highway, bioretention facilities, and areas to be maintained by the Association in accordance with the Fire Safe Plan.
A Shared Driveway Agreement has been prepared and is to be recorded along with the Final Map between the two property owners sharing the driveway. The agreement provides driveway access to both parties and obligates them to share the maintenance costs of the driveway. There are five shared driveways, and an agreement is to be recorded for each one.
Regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase were finalized and resubmitted to the City. The City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans. Additionally, the Developer has submitted to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features are maintained for their continued effectiveness in slowing, treating and sinking storm water.
Financial Considerations
The processing of the development application documents including the Subdivision Improvement Agreement, Final Map, and related documents is paid for by the Developer through a cost recovery account. The subsequent City inspections of the public improvement construction is managed similarly with a deposit account to pay the City’s expenses, including consultants.
No later than prior to occupancy, the City will collect any remaining fees to fund the impact of future development on infrastructure including the water and sewer connection fee, traffic impact fee, and the Park In-Lieu fee. A complete list of fees charged to developments, and what they are used for, can be found on the City’s website www.cotaticity.gov.
Once occupied, the residential subdivision will increase the demand on City services including police, road maintenance, storm water, and parks. These costs are offset by property taxes, increased sales taxes and the collection of taxes from the Community Facilities District which these residents will be within.
Environmental Issues
An environmental impact analysis was prepared by the City of Cotati, as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The CEQA analysis relies upon the program level analysis prepared for the 2013 City of Cotati General Plan and its Environmental Impact Report (EIR) (SCH No. 2013082037), which was certified in 2015. The CEQA analysis conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This focuses the analysis to potential environmental impacts of the project relative to the impacts analyzed in the Cotati General Plan’s program level EIR. The November 2023 CEQA Analysis, describes the project and its environmental setting, including the project site’s existing conditions and applicable regulatory requirements, and provides an assessment of the project’s consistency with the City of Cotati General Plan. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the project are identified in the analysis and imposed as environmental conditions of approval, and there are no project-specific significant effects which are peculiar to the project or its site. The Project is consistent with the General Plan and its certified EIR and qualifies for a General Plan Exemption pursuant to CEQA Guidelines Section 15183 and no further environmental review is required.