2012/11/27 City Council Ordinance 850
ORDINANCE NO. 850
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ROHNERT PARK, SONOMA MOUNTAIN
VILLAGE, LLC AND KDRP LLC FOR DEVELOPMENT OF THE PROPERTY
LOCATED AT VALLEY HOUSE DRIVE AND BODWAY PARKWAY (APN'S 46-051-
040,46-051-042, and 46-051-045) IN ROHNERT PARK, CA
WHEREAS, Government Code S 65864, et seq., authorizes the City of Rohnert Park to
enter into development agreements which will provide certainty, definition and commitment to
developers as well as to provide for necessary public improvements required by development;
and
WHEREAS, Sonoma Mountain Village, LLC and KDRP LLC (collectively,
"Developer") submitted applications to the City of Rohnert Park for a General Plan Amendment,
Planned Development (including related Conditional Use Permit), and rezoning for real property
located at Valley House Drive and Bodway Parkway (APN'S 46-051-040, 46-051-042, and 46-
051-045), (the "Property"); and
WHEREAS, on August 24, 2010, the City Council approved those applications allowing
development of the Property, which includes 1,892 residential units, approximately 825,307
square feet of commercial space, and approximately 23.5 acres of park space (the "Project"); and
WHEREAS, in connection with the Project, Developer and City staff negotiated a
development agreement ("Development Agreement") for the Project in accordance with the
requirements of Government Code S 65864, et seq., and Chapter ] 7.21, "Development
Agreement Procedure," of the Rohnert Park Municipal Code ("RPMC"); and
WHEREAS, on September 14, 20] 0, the City Council considered and adopted
Ordinance No. 825 approving the Development Agreement between the City of Rohnert Park
and Sonoma Mountain Village, LLC and KDRP LLC; and
WHEREAS, on August 24,20]0, the City Council reviewed and certified the Fina] EIR
prepared for the Project; and the City has otherwise carried out all requirements for the Project
pursuant to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the Developer filed Planning Application No. PL20] 2-0 1 ODA proposing to
amend Section 3.05 - Reservation of Authority, subdivision C of the Development Agreement
with new language; and
WHEREAS, on June 4, 20]2, the City Council approved the First Amendment to the
Development Agreement; and
WHEREAS, On October 3, 2012, the Developer filed Planning App]ication No.
PL2012-038DA proposing to amend Section 4.11B of the Development Agreement, which
includes a requirement that Developer complete construction of a soccer field and installation of
C:\Documents and Settings\mandelman-r\Local Settings\Temporary Internet Files\OLK2F\PL2012-038DA Amend SMV DA Ord ] 1 ] 3
2012.docx
equipment for such soccer field by a "Soccer field Deadline" defined as the earlier of (i)
December 31,2012 or (ii) issuance of the two hundredth (200111) residential building permit for
the project, and Section 4.21 of the Development Agreement, which requires that Developer pay,
on or before December 3], 2012, a "Public Safety Response Contribution" of up to Two
Hundred Thousand Dollars ($200,000) for the purpose of assisting City's acquisition of a new
public safety response vehicle as shown in the attached Second Amendment to Development
Agreement; and
WHEREAS, the parties now desire to amend the Development Agreement to extend the
Soccer field Deadline until December 31,2016, to extend the deadline for payment of the Public
Safety Response Contribution until Ju]y ], 2013, and to increase the amount of the Public Safety
Response Contribution to Three Hundred Thousand Dollars ($300,000); and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject propel1y and a public hearing was published in the Community Voice for a minimum of
10 days prior to the first public hearing; and
WHEREAS, on November ] 3, 2012, the City Council held a public hearing at which
time interested persons had an opportunity to testify either in supp0l1 or opposition to the
proposal; and
WHEREAS, the City Council has reviewed and considered the information contained in
Planning Application No. PL20]2-038DA for the proposed Second Amendment to the
Development Agreement; and
NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Findings for Adoption of Development Agreement Amendments
The City Council has reviewed Planning Application No PL20] 2-038DA Second
Amendment to the Development Agreement for Sonoma Mountain Village and hereby makes
the following findings:
A. A duly noticed public hearing regarding the proposed Development Agreement
Amendment was held by the Planning Commission on October 25, 2012 in
conformance with the notice provisions of Government Code SS 65090 and 65091
and the requirements of the RPMC.
B. A duly noticed public hearing regarding the proposed Development Agreement
Amendment was held by the City Council on November 13, 2012 in conformance
with the notice provisions of Government Code SS 65090 and 6509] and the
requirements of the RPMC.
C. The Development Agreement as amended by the proposed Second Amendment to
the Development Agreement (attached as Exhibit A) is consistent with the Genera]
Plan and would direct the Project's development in an orderly manner that benefits
the City.
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SECTION 2. Adoption of Development Agreement Amendment
The City hereby adopts the Second Amendment to the Development Agreement in
substantially similar form as attached hereto and incorporated herein as Exhibit A.
SECTION 3. Compliance with the California Environmental Quality Act (CEQA).
The City Council has certified the final EIR for the Project (including the Development
Agreement), and adopted the associated CEQA findings, Statement of Overriding
Considerations, and the Mitigation Monitoring and Reporting Program, and, as amended by the
proposed Development Agreement Amendment, there are no substantial changes proposed in the
Project, substantial changes with respect to the circumstances under which the Project will be
undertaken or new information of substantial importance of the kind that would require
additional environmental review pursuant to Section 15 I 62 of the CEQA Guidelines.
SECTION 4. Compliance with State Law.
A. The City will act in accordance with the provisions of Government Code SS 65865(e)
and 66006.
B. In accordance with Government Code SS 65868.5, no later than 10 days after the
City enters into the Development Agreement Amendments, the City Clerk will record
the Second Amendment to the Development Agreement Amendment with the
County Recorder.
C. In accordance with Government Code SS 65865. I and RPMC Section 17.2 I.050(A),
the City will conduct an annual review of the Development Agreement as amended
by the Second Amendment to the Development Agreement, to ensure compliance
with the terms.
SECTION 5. Severability.
The City Council hereby declares that every section, paragraph, sentence, clause
and phrase of this ordinance is severable. Ifany section, paragraph, sentence, clause or phrase of
this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses or phrases.
SECTION 6. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption, and shall be
published and posted as required by law.
This ordinance was introduced on November 13,2012; and
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DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on
November 27,2012, by a vote of the City Council as follows:
AYES: Five
NOES: None
ABSENT: None
ABSTAIN: None
(5)
(0)
(0)
(0)
Councilmembers Ahanotu, Belforte, Callinan, Stafford
and Mayor Mackenzie
ATTEST:
CITY Of ROHNERT PARK
.0)JJ.
kenzie, Mayor 7
~Z-T 20(2-
)
City Attorney
Attachments:
Second Amendment to the Development Agreement
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EXHIBIT A
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") is entered into as of the day of 2012, by and
among SONOMA MOUNTAIN VILLAGE, LLC, a California limited liability company
("SMV"), KDRP LLC, a California limited liability company ("KDRP"), and the CITY
OF ROHNERT PARK, a California municipal corporation ("City"). SMV and KDRP
are sometimes collectively referred to herein as "Developer," and City and Developer are
sometimes referred to herein as a "Party" and collectively as "Parties."
RECITALS
A. The Parties have previously entered into that certain Development
Agreement by and among the City of Rohneli Park and Sonoma Mountain Village, LLC
and KDRP LLC dated as of September 14, 2010 and recorded on October 1, 2010 as
Instrument Number 201 0084467 in the Official Records of Sonoma County, as amended
by that certain First Amendment to Development Agreement dated as of June 4,2012 and
recorded on June 28, 2012 as Instrument Number 2012061268 in the Official Records of
Sonoma County ("Development Agreement").
B. Section 4.11B of the Development Agreement includes a requirement that
Developer complete construction of a soccer field and installation of equipment for such
soccer field by a "Soccer Field Deadline" defined as the earlier of (i) December 31, 2012
or (ii) issuance of the two hundredth (200th) residential building permit for the Project.
C. Section 4.21 of the Development Agreement also requires that Developer
pay, on or before December 31, 2012, a "Public Safety Response Contribution" of up to
Two Hundred Thousand Dollars ($200,000) for the purpose of assisting City's
acquisition of a new public safety response vehicle.
D. The Parties now desire to amend the Development Agreement to extend
the Soccer Field Deadline until December 31, 2016, to extend the deadline for payment
of the Public Safety Response Contribution until July 1,2013, and to increase the amount
of the Public Safety Response Contribution to Three Hundred Thousand Dollars
($300,000).
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions
set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
1. Defined Terms. All capitalized terms used and not otherwise defined in
this Amendment shall have the same meaning in this Amendment as in the Development
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Agreement.
2. Amendment of Development Agreement.
A. Subsection B(1) of Section 4.11 shall be amended and restated in
its entirety to read as follows:
"(1) Developer Obligation. Developer, at its sole cost and expense,
shall undertake and complete construction of a Soccer Field and purchase and install the
Equipment, all to the City's satisfaction, by December 31, 2016 (" Soccer Field
Deadline"). All such work shall be performed by contractors duly licensed by, and in
good standing under the laws of, the State of California, and otherwise in accordance
with Applicable Law and this Agreement. Any and all costs associated with any Soccer
Field (including site preparation, governmental fees, Equipment, and compliance with
Applicable Law) shall be borne solely by Developer."
B. Section 4.21 shall be amended and restated in its entirety to read as
follows:
"Section 4.21 Contribution Toward Public Safety Response Vehicle.
Developer agrees to pay, on or before July 1, 2013, a contribution ("Public Safety
Response Contribution") of up to Three Hundred Thousand Dollars ($300,000) for the
purpose of assisting City's acquisition of a new public safety response vehicle, including
associated upgrading and/or modifying as deemed necessary by City, in its sole and
absolute discretion. In consideration of Developer's payment of the Public Safety
Response Contribution, City agrees to cause a graphic (composed of image(s), logo(s),
and/or text) to be imprinted at a reasonably conspicuous location on the side of said
vehicle, for the purpose of indicating Developer's financial contribution toward the
vehicle. The content, type, and size of the graphic shall be determined by Developer, but
shall not be greater in size than twelve (12) inches by thirty-six (36) inches, and shall be
subject to City's prior review and approval, which approval shall not be unreasonably
withheld."
3. Effect of Amendment. Except to the extent the Development Agreement
is modified by this Amendment, the remaining terms and provisions of the Development
Agreement shall remain unmodified and in full force and effect. In the event of a conflict
between the terms of the Development Agreement and the terms of this Amendment, the
terms of this Amendment shall prevail.
4. Counterparts. This Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same Amendment.
[Signatures on following page]
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IN WITNESS WHEREOF, this Amendment has been entered into by and
between Developer and City as of the day and year first above written.
CITY:
City of Rohneli Park, a municipal corporation
By:
Gabriel A. Gonzalez, City
Manager
Date Signed:
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
DEVELOPER:
Sonoma Mountain Village, LLC, a California
limited liability company
By:
Name:
Title:
and
KDRP LLC, a California liability company
By:
Name:
Title:
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