RESOLUTION NO.
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE
IMPROVEMENT PLANS, APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT AND FINAL MAP AND ACCEPTING THE ASSOCIATED
DEDICATION OF EASEMENTS FOR PUBLIC PURPOSES FOR THE KESSING
RANCH SUBDIVISION
WHEREAS, 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; and
WHEREAS, the Developer submitted the Improvement Plans (“Plans”), draft Final Map, and related subdivision documents for City review; and
WHEREAS, the City Engineer, Community Development Director, and Police Chief, and the Fire District Chief have reviewed the Improvement Plans and have determined them to be in conformance with the entitled Project, and approved the Plans attached hereto; and WHEREAS, the draft Final Map contains the mapping and notation information 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; and WHEREAS, the City Engineer has reviewed the draft Final Map and finds it to be in conformance with the entitled Project and recommends the draft Final Map for approval by the City Council; and
WHEREAS, Pink Viking, ORH LLC. (“Developer”) owns the real property located in the City of Cotati, California, which is comprised of the parcel with assessor’s parcel number 046-223-018 and the Title Report reflects the Developer being the owner of the property as well as being depicted the owner on the draft Final Map; and WHEREAS, for the Project to proceed with submittal of building permits, the Project requires City Council acceptance of the Improvement Plans and approval of the Final Map, and accept, subject to improvements, for dedication to public use: Schollmann Way and Larsen Lane and accept as easements for public purposes the Public Utility Easements (including the public utility facilities located or to be located on or under the Public Utility Easements), Sidewalk Easements; and
WHEREAS, a Subdivision Improvement Agreement (SIA) has been reviewed and approved by the City Engineer and the City Attorney and is attached hereto; and WHEREAS, following approval of these documents, City staff will proceed administratively processing these documents including recordation of the Subdivision Improvement Agreement and Final Map, and process the grading and building permits for the Project; and
WHEREAS, the attached Subdivision Improvement Agreement, signed by the Developer, requires the Developer to construct public improvements and the City has been provided the security for the improvements in the amount of $2,618,033, which is equal to 100 percent of the construction cost of the public improvements; and WHEREAS, the public improvements consist of the following:
1. site preparation and grading,
2. street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, and striping and signs,
3. storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), Low Impact Development features (bio-retention beds and interceptor trees),
4. sanitary sewer improvements both on-site and extending the existing sewer 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, inter, plantings for street frontages, and
7. all dry utilities (gas, electric, and communications); and WHEREAS, the Project has an inclusionary housing requirement wsith the presentation of an inclusionary housing agreement to the City Council for consideration as a separate item; and
WHEREAS, as required by Condition of Approval 2, the subject property has been annexed into the City’s Community Financing District (CFD) and upon issuance of residential lot building permits, the residential lot will be flagged for having the CFD assessment placed for the lot on the upcoming fiscal year’s County tax roll and every following year thereafter; and WHEREAS, the City Engineer has reviewed and approved for City acceptance the Declaration of Conditions, Covenants and Restrictions of Flahaven Estates; and WHEREAS, the Developer has submitted to the City and is attached herewith for reference, the Articles of Incorporation of Flahaven Estates Homeowners Association; and WHEREAS, the Developer has submitted to the City and is attached herewith for reference, the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities; and
WHEREAS, the developer has submitted to the City and is attached herewith for reference, the Shared Driveway Agreement for each of the shared driveways in the Development; and
WHEREAS, 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; and WHEREAS, 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, and 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; and
WHEREAS, 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, and 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; and
WHEREAS, 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, and 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; and WHEREAS, 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.
NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby:
1. Finds the above recitals to be true and correct; and
2. Accepts the attached Improvement Plans; and
3. Accepts, subject to improvements, for dedication to public use: Schollmann Way and Larsen Lane; and
4. Accepts as easements for public purposes the Public Utility Easements (including the public utility facilities located or to be located on or under the Public Utility Easements), Sidewalk Easements; and
5. Approves the Subdivision Improvement Agreement substantially in the form attached; and
6. Approves the Final Map substantially in the form attached; and
7. Authorizes the City Manager to sign and record, or cause to be recorded, the aforementioned Subdivision Improvement Agreement and Final Map, and to execute and record, or cause to be recorded, Certificates of Acceptance for the aforementioned Agreements, and to take such other and further action as may be necessary to carry out the intent of this Resolution.
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 August 12, 2025, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, City Clerk
Approved as to form:
____________________________
City Attorney