2012/04/24 City Council Ordinance 847
ORDINANCE NO. 847
AN ORDINANCE OF THE CITY OF ROHNERTP ARK, CALIFORNIA
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK, SONOMA MOUNTAIN
VILLAGE, LLC AND KDRP LLC FOR DEVELOPMENT OF THE PROPERTY
LOCA TED AT VALLEY HOUSE DRIVE AND BODW A Y 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 provide for necessary public improvements required by development;
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");
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");
WHEREAS, in connection with the Project, Developer and City staff negotiated a
development agreement ("Development Agreement") in accordance with the requirements of
Government Code S 65864, et seq., and Chapter 17.21, "Development Agreement Procedure,"
of the Rohnert Park Municipal Code ("RPMC"), for the Property;
WHEREAS, on August 24, 2010, the City Council reviewed and certified the Final EIR
prepared for the Project; and has otherwise carried out all requirements for the Project pursuant
to CEQA;
WHEREAS, on September 14, 2010, the City Council considered and adopted Ordinance
No. 825 approving a Development Agreement between the City of Rohnert Park and Sonoma
Mountain Village, LLC/KDRP, LLC;
WHEREAS, the Developer filed Planning Application No. PL2011-009DA Amend
proposing an amendment to the Development Agreement between the City of Rohnert Park and
the Developer ("Development Agreement Amendment"), in connection with Planned
Development for the property located at Valley House Drive and Bodway Parkway (APN'S 46-
051-040, 46-051-042, and 46-051-045);
WHEREAS, on January 12, 2012 the Planning Commission held a public hearing at
which time the Planning Commission reviewed the proposed Development Agreement
Amendment and recommended approval by the City Council;
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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 property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice;
WHEREAS, on March 27, 2012 the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposed
Development Agreement Amendment;
WHEREAS, the City Council has reviewed and considered the information contained in
proposed Development Agreement Amendment.
NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Findings for Adoption of Development Agreement
The City Council has reviewed Planning Application No. PL2011-009DA Amend,
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 January 12,2012 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 March 27, 2012 in conformance with the notice
provisions of Government Code SS 65090 and 65091 and the requirements of the RPMC.
C. The Development Agreement, as amended by the proposed Development
Agreement Amendment (attached as Exhibit A) is consistent with the General Plan, and would
direct the Project's development in an orderly manner that benefits the City.
SECTION 2. Adoption of Development Agreement Amendment
The City hereby adopts the Development Agreement Amendment in substantially similar
form as attached hereto and incorporated herein as Exhibit A.
SECTION 3. Compliance with the California Environmental Quality Act.
The City Council has certified a Final Environmental Impact Report for the Sonoma
Mountain Village Plarmed Development, which evaluated the impacts of the Project, including
implementation of this ordinance, and adopted associated CEQA Findings, a Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution
No. 2010- 101.
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SECTION 4. Compliance with State Law
A. The City will act in accordance with the provisions of Government Code SS
65856(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 Amendment, the City Clerk will record the
Development Agreement Amendment with the County Recorder.
C. In accordance with Government Code SS 65865.1 and RPMC Section
17.21.050(A), the City will conduct an annual review of the Development Agreement, as
amended by the Development Agreement Amendment, 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. If any 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 by the Council of the City of Rohnert Park on March 27, 2012,
and was adopted on April 24, 2012 by the following roll call vote:
AYES: FOUR (4)
NOES: NONE (0)
ABSENT: ONE (1)
ABSTAIN:NONE (0)
Councilmembers Ahanotu, Callinan, Stafford and Mayor Mackenzie
Councilmember Belforte
CITY OF ROHNERff ARK ..
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EXHIBIT "A"
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered
into as of the __ day of _ 2012, by and among SONOMA MOUNTAIN VILLAGE, LLC,
a Califomia limited liability company ("SMV"), KDRP LLC, a Ca]ifomia limited liability company
("KDRP"), and the CITY OF ROHNERT PARK, a Califomia municipal corporation ("City"). SMVand
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 Rohnert Park and Sonoma Mountain Village, LLC and KDRP LLC dated as of
September ]4,2010 and recorded on October ],20]0 as Instrument Number 20]0084467 in the Official
Records of Sonoma County ("Development Agreement").
B.
school site.
Section 3.05.C of the Development Agreement has prohibited use of the Property for a
C. The Parties now desire to amend the Development Agreement to allow school uses on the
Property subject to prior review and approval by the City Council of the City of Rohnert Park.
AGREEMENT
NOW, THEREFORE, in c.onsideration of the promises, covenants and provisions set forth herein,
the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
] . Defined Terms. All capitalized terms used and not otherwise defined in this Amendment
shall have the same meaning in this Amendment as in the Deve]opment Agreement.
2. Amendment of Development Agreement. Section 3.05, subsection C of the Development
Agreement is amended and restated in its entirety to read as follows:
"Notwithstanding any other provision of this Agreement to the contrary, and regardless of
approvals which may be given by any public schoo] district, the Ca]ifomia Department of Education, or
any other State or local agency, the parties agree that prior to either a) the submission of an application for
any City permit for development of a schoo], as defined below, in the SMV -PD Zo'ning District, or b) any
demolition, grading, remodel or other construction work undertaken to develop a schoo] in the SMV -PD
Zoning District, Developer shall first receive formal approval of the City Council. Developer further
agrees that all applications for permits and all actions taken in pursuit of approvals for development of a
school on the Property shall comply with all requirements of Chapter 17.06, Article XV.A of the Rohnert
Park Municipal Code, including requirements for Design Review, and that upon completion of
construction, and in any event prior to occupancy, Developer shall obtain a determination from the City
Manager or his or her designee that the work on the property has complied with the requirements of this
subsection 3.05.C and all permits and approvals described herein. As used in this subsection 3.05.C,
"school" shall have such meaning as the term "educational institution" defined in Section 17.04.030 of
the Rohnert Park Municipal Code."
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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.
IN WITNESS WHEREOF, this Amendment has been entered into by and between Developer and
City as ofthe day and year first above written.
CITY:
City of Rohnert Park, a municipal corporation
By:
Gabriel A. Gonzalez, City Manager
Date Signed:
Approved as to Fonn:
By:
City Attomey
Attest:
By:
Interim Deputy City Clerk
DEVELOPER:
Sonoma Mountain Village, LLC, a Califomia limited
liability company
By:
Name:
Title:
and
KDRP LLC, a Califomia liability company
By:
Name:
Title:
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