2014/12/09 City Council Ordinance 882ORDINANCE NO. 882
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND REDWOOD EQUITIES LLC FOR
DEVELOPMENT OF THE PROPERTY LOCATED SOUTH OF THE CANON MANOR
SPECIFIC PLAN AREA, WEST OF PETALUMA HILL ROAD, AND NORTH OF
VALLEY HOUSE DRIVE (APN 047 -111 -030)
WHEREAS, Government Code section 65864, et seq., and Rohnert Park Municipal
Code ( "RPMC ") Chapter 17.21 authorize 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, the City and the applicant entered into that certain "Development
Agreement by and Between the City of Rohnert Park and Redwood Equities, LLC," recorded as
Document No. 2010114199 in the Official Records of Sonoma County on December 15, 2010
(the "Development Agreement "); and
WHEREAS, Government Code section 65868 provides that a development agreement
may be amended by mutual consent of the parties to the agreement or their successors in interest;
and
WHEREAS, the applicant, Redwood Equities LLC, filed Planning Applications
proposing a Specific Plan Amendment (PLSP2014- 0003), revised Final Development Plan
(PLFD2014- 0001), revised Development Area Plan (PLDP2014- 0001), Tentative Map
(PLSD2014- 0008), and amended Development Agreement (PLDA2014- 0005), for the Southeast
Specific Plan ( "SESP ") located south of the Canon Manor Specific Plan Area, west of Petaluma
Hill Road, and north of Valley House Drive (APN 047 -111 -030) (the "Property "), in accordance
with the RPMC; and
WHEREAS, the proposed applications would allow development of the Property, which
includes 475 residential units, 10,000 square feet (so of commercial uses, and a 5.0 acre park,
stormwater detention basin and water storage facility (the "Project "); and
WHEREAS, in connection with the Project, Developer and City staff have negotiated an
Amendment to Development Agreement ( "Amended Development Agreement ") in accordance
with the requirements of Government Code § 65864, et seq., and Chapter 17.21, "Development
Agreement Procedure," of the Rohnert Park Municipal Code, for the Property. The Amended
Development Agreement negotiated by Developer and the City is attached to this Ordinance as
Exhibit A; and
WHEREAS, the Amended Development Agreement, among other things, sets forth the
effective date and term of the agreement; applicable fees; applicable rules, regulations and
policies; required infrastructure improvements; affordable housing obligations; prevailing wage
rules; provisions on amendments, annual review and default; and other miscellaneous provisions;
and
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WHEREAS, on October 23, 2014, the Planning Commission held a public hearing at
which time the Planning Commission reviewed the Amended Development Agreement prepared
for the Project and recommended approval by the City Council; and
WHEREAS, in 2010, the City Council reviewed and approved the Final EIR prepared
for the Project in accordance with CEQA; and has otherwise carried out all requirements for the
Project pursuant to CEQA; and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area encompassing a three hundred foot radius of
the subject property and a public hearing notice was published for a minimum of 10 days prior to
the public hearing in the Community Voice; and
WHEREAS, on November 25, 2014, the City Council held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the
Amendment to the Development Agreement; and
WHEREAS, the City Council has reviewed and considered the information contained in
the Amended Development Agreement.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Findings. The City Council, in reviewing Planning Application No.
PLDA2014 -0005 and the Amended Development Agreement for the Southeast Specific Plan,
hereby makes the following findings pursuant to Government code section 65867.5:
1. The proposed Amended Development Agreement was considered at a public
hearing
Criteria Satisfied. A duly noticed public hearing regarding the Amended
Development Agreement was held by the City Council on November 25, 2014, in
conformance with the notice provisions of Government Code sections 65090 and
65091 and the requirements of the RPMC section 17.21.030.
2. The provisions of the Amended Development Agreement are consistent with the
general plan and any applicable specific plan
Criteria Satisfied. The Amended Development Agreement is consistent with the
General Plan and would direct the Project's development in an orderly manner
that benefits the City.
The provisions of the Amended Development Agreement and the Development
Agreement require that development comply with the Southeast Specific Plan
man). T lle Plan prUpUSes to Meet the goals of the General Plan by providing for
a variety of housing types, including low density, medium density, rural estate and
mixed use allowing attached housing. The Plan also provides for affordable
housing to meet the needs of lower income households. In addition to providing a
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wide range of housing types that would be consistent with housing goals and
objectives of the General Plan, the provisions of the Development Agreement
incorporate, implement and are subject to requirements of both the General Plan
and Southeast Specific Plan by including a 7.1 -acre park /detention basin site, a
0.3 -acre public facility site, and a mixed use area with approximately 10,000
square feet of commercial building area. The proposed parkland acreage meets
the City's requirements for parkland dedication. The Neighborhood Park is
proposed to be within 1/4 to 1/2 mile of all homes within the planning area. Park
amenities would include a playground, a dog park, picnic area, basketball half -
court, turf play fields, pathways, lighting, and more. Commercial land uses are
proposed to encompass business, office, retail shops, residences and may include
institutions and service organizations.
3. The provisions of the proposed Amended Development Agreement and the
Development Agreement are consistent with Government Code 65867.5(c).
Criteria Satisfied. The Development Agreement and the Amended Development
Agreement satisfy the requirements of Government Code 65867.5(c), which
specifies that a development agreement shall not be approved unless the
agreement provides that any tentative map prepared for the subdivision will
comply with the provisions of Government Code section 66473.7 (which requires
that a sufficient water supply be available for subdivisions). The City prepared a
Water Supply Assessment to examine the demands of new development and
assess the City's supply sources to meet demand. Based on the City's Water
Supply Assessment, it was determined that sufficient sources exist to meet the
demands of the City's general plan buildout using a combination of surface water,
groundwater and recycled water. The SESP is included in the City's General Plan
and, therefore, the City's Water Supply Assessment accounts for increases in the
population and use associated with the SESP development. Because the Project is
consistent with the prior analysis and sufficient water supply is available for this
project, no additional analysis is needed and the Development Agreement and
Amended Development Agreement satisfy the requirements of Government Code
section 65867.5(c).
SECTION 2. Approval of Amended Development Agreement. The City Council
hereby approves the Amended Development Agreement in substantially similar form as attached
hereto and incorporated herein as Exhibit A.
SECTION 3. Compliance with the California Environmental Quality Act.
A. On December 7, 2010, the City Council of the City of Rohnert Park certified the
Final EIR for this Project, including adoption of associated CEQA Findings, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described
in City Council Resolution No. 2010 -134, approved.
B. Further, CEQA Guidelines section 15162 provides that "no subsequent EIR shall
be prepared" for a project unless the lead agency determines that (1) "substantial changes are
ME
proposed in the project which will require major revisions of the previous EIR "; or (2)
"substantial changes occur with respect to the circumstances under which the project is
undertaken "; or (3) "new information of substantial importance ... shows" one or more
significant effects not discussed in the original EIR, greater severity to previously - identified
substantial effects, or newly -found feasible mitigation measures that would substantially reduce
significant effects.
C. The proposed changes (removal of private alleys, removal of duplexes in favor of
duets, minor changes to development plan for lot width, setbacks, etc. and minor changes to
specifications for the water tank), are minor and will not result in any substantial changes to the
proposed project and no new information of substantial importance shows one or more
significant effects or newly found feasible mitigation measures that would substantially reduce
significant effects. Accordingly, no subsequent EIR need be prepared.
SECTION 4. Compliance with State Law
A. The City will act in accordance with the provisions of Government Code sections
65856 and 66006.
B. In accordance with Government Code section 65868.5, no later than 10 days after
the City enters into the Amended Development Agreement, the City Clerk will record the
Amended Development Agreement with the County Recorder.
C. In accordance with Government Code section 65865.1 and RPMC Section
17.21.050(A), the City will conduct an annual review of the Amended Development Agreement
and the Development Agreement to ensure compliance with its 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 of this
ordinance.
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 November 25,
2014, and adopted on December 9, 2014 by the following roll call vote:
AYES: Five (5) Councilmembers Belforte, Mackenzie, Stafford, Ahanotu
NOES: None (0) and Mayor Callinan
ABSENT: None (0 )
ABSTAIN: None (0)
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CITY OF ROHNE PARK x�
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sep"TT rallinan, Mayor
ATTEST:
x --L'on On X. k'6 C 9 ,N
oA ne M. Buergler
61y Clerk
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EXHIBIT A
DEVELOPMENT AGREEMENT
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ( "Amendment ") is
entered into as of the day of , 2014, by and among REDWOOD
EQUITIES, LLC, a California limited liability company ( "R WE" or "Developer ") and the CITY
OF ROHNERT PARK, a California municipal corporation ( "City "). City and Developer are
sometimes herein referred to 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 Redwood Equities, LLC as of December 7, 2010 and
recorded on December 15, 2010, as Instrument No. 2010114199 in the Official Records of
Sonoma County ( "Development Agreement'); and
B. The Parties now desire to amend the Development Agreement for the purposes of
(1) accurately referring to the City's Affordable Housing Ordinance (sections 2.08 and 4.04 of
the Development Agreement); (2) removing references to "alleys" and "private alleys" (section
4.10), as the Parties no longer wish to include those improvement within the scope of
improvements covered by the Financing Mechanisms set forth in section 4.10; and (3) revising
the specifications for the water tank (section 4.12(c)) in a way that will not result in any new
significant impacts not addressed in the EIR.
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 the
Amendment shall have the same meaning in this Amendment as in the Development Agreement.
2. Amendment of Development Agreement. The Development Agreement is
amended as follows:
a. Section 2.08 of the Development Agreement is hereby amended to read in
its entirety as follows:
"Section 2.08 Project Integration. The parties intend that the
Property be developed as a single, integrated Project, however, it
may be constructed in phases as set forth in paragraph 3.03.
Accordingly, this Agreement includes requirements for compliance
with a valid, current AHO. Such compliance could include
compliance with the current AHO, or any modified or superseded
AHO, as determined solely by RWE. This compliance may
include: (1) integrated, phased development of the Affordable Units
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and the on- and off -site public improvements throughout the
Project; (ii) limitations on the number of building permits and
certificates of occupancy that will be issued to RWE prior to the
completion of the Affordable Units and the completion of and
dedication to City of various on- and off -site public improvements;
(iii) payment of an in -lieu fee if allowed by law; (iv) any other
mechanism allowed by the current Affordable Housing Ordinance,
any valid modifications thereto or a valid successor ordinance.
RWE acknowledges and agrees that (a) the on- and off -site public
improvements to be constructed in connection with the Project are
intended to serve and benefit the Property, (b) the Affordable Units
or compliance with a valid AHO and, if required, the construction
of on- and off -site public improvements are vital and integral
components of the overall Project, and (c) Developer's obligations
with respect to a valid AHO and on- and off -site public
improvements are material consideration for the agreements of
City hereunder. In the event that RWE does not construct any
dwelling units at all within the Project as contemplated by this
Agreement during the Term, RWE shall have no obligation to
construct any Affordable Units, comply with an AHO, comply
with the Affordable Housing Plan attached as Exhibit D or pay an
affordable housing in -lieu fee."
b. Section 4.04 of the Development Agreement is hereby amended to read its
entirety as follows:
"Section 4.04 In -Lieu Housing Fee. In the event the City adopts
an AHO with an in -lieu housing fee policy that may apply to the
Project, Developer shall either comply with the modified
Affordable Housing Ordinance and /or may in its sole discretion
decide to pay the in -lieu fee in accordance with any subsequently
adopted AHO without any further obligation to construct any
affordable units."
C. Section 4.10 is hereby amended to read in its entirety as follows:
"Section 4.10 Financing Mechanisms for Private Improvements.
Prior to approval of any final map within the Project, Developer
shall prepare and submit to the City Manager or the Manager's
designee for review and approval a plan, that may include
establishment of property owner and homeowner associations, to
ensure payment of the on -going costs of operation, maintenance,
repair and replacement of all private open space, private recreation
and private parks, private landscaped areas, private driveways, and
all water quality detention basins and facilities included within
such final map. In proposing a particular plan to City, Developer
shall demonstrate to the satisfaction of City Manager or his or her
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designee that funding of such on -going costs is economically
sound and feasible; approval of the mechanism for funding such
ongoing costs by the California Department of Real Estate shall
create a presumption that such funding mechanism is economically
sound and reasonable. Following City's acceptance, City shall be
responsible for maintaining, operating, repairing and replacing, as
necessary, the water quality detention basins and facilities, and the
property owner and homeowner associations (and not City) shall
be solely responsible for bearing all costs in connection with such
City maintenance, operation, repair and replacement. City shall be
named as an express third party beneficiary under all property
owner and homeowner association documents with the right to
independently enforce such associations' obligation to pay all costs
of maintaining, operating and repairing the water quality detention
basins and facilities. The form of Developer's homeowner and
property owner association documents, including conditions,
covenants and restrictions, shall be subject to review and approval
by the City Attorney."
d. Section 4.12(C) is hereby amended to read in its entirety as follows:
"C. Water Storage Tank. Prior to issuance of the fifty -first
(51 ") building permit for the first residential unit on the property,
Developer shall construct and install a water storage tank that will
store 360,000 gallons of water, or other appropriate size, as
determined by City so long as the tank meets the City's minimum
storage requirements and is consistent with the EIR, Statement of
Overriding Considerations, and MMRP. The location of the water
storage tank is set forth in Exhibit E and the specifications for the
water tank are set forth in Exhibit F. Developer and City may
revise Exhibits E and F without formally amending this
Development Agreement, so long as any revisions are consistent
with the EIR, Statement of Overriding Considerations, and MMRP
and comply with all applicable laws, regulations and City
requirements. The water storage tank shall comply with all
standards set forth in the California Building Code in effect at the
time the tank is constructed. Developer shall dedicate the water
storage tank to City upon its completion.
e. Exhibits D, E and F: Are superseded and replaced by the revised Exhibits
D, E and F (each marked "REVISED ") attached to this Amendment.
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.
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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.
5. Recordation of Amendment to Development Agreement. Pursuant to Section
10.08 of the Development Agreement and California Government Code § 65868.5, no later than
ten (10) days after City enters into this Amendment, the City Clerk shall record an executed copy
of this Amendment in the Official Records of the County of Sonoma.
[SIGNATURES ARE ON FOLLOWING PAGE]
LA #4814 - 3584 -2846 v6 4
IN WITNESS WHEREOF, this Amendment has been entered into by and between
Developer and City as of the day and year first above written.
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
CITY:
City of Rohnert Park, a California municipal
corporation
IM
Mayor
Date Signed:
DEVELOPER:
Redwood Equities, LLC, a California limited
liability company
By:
Title:
LA #4814 - 3584 -2846 v6 5
NOTARY ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On , before me,
Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument; and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(seal)
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument; and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(seal)
LA #4814 - 3584 -2846 v6 6
REVISED
EXHIBIT D
AFFORDABLE HOUSING PLAN
I. INTRODUCTION
The Southeast Specific Plan and accompanying Development Agreement meet the City
of Rohnert Park's inclusionary housing requirement. Under the proposed Development
Agreement and Specific Plan, the project will provide Low and Very Low income housing (as
such terms are defined in Section 17.07.020(N)(2) of the City's Municipal Code) as rental
housing, and will provide affordable owner - occupied housing. As depicted in the Specific Plan
and Final Development Plan, a total of 72 Affordable Units are included in the Project as
follows: 36 apartment units in one apartment complex (Affordable Apartment Complex); 28
Duet Units; and 8 Townhome Units. Unless otherwise defined herein, capitalized terms
contained in this Affordable Housing Plan shall have the meaning given to such terms in the
Development Agreement.
II. PAYMENT OF IN -LIEU FEE
As is set forth in the Development Agreement, if the City adopts an applicable in -lieu
housing fee, or otherwise modifies the affordable housing provisions of its Municipal Code, the
Developer may elect to pay the in -lieu fee or comply with the revised code requirements. If
Developer elects to pay the in -lieu fee for all 72 of the required Affordable Units, then the
Developer shall prepare a document rescinding the Affordable Housing Plan in a form approved
by the City Attorney which the City will approve and record.
III. AFFORDABLE APARTMENT COMPLEX
A. Obligation to Construct
The Developer shall either (1) construct the Affordable Apartment Complex in
accordance with plans and specifications approved by the City, or (2) donate land within the
Project, to one or more non -profit housing developers in place of actual construction. Prior to
donating the land to the non - profit, the land must be appropriately zoned, buildable, free of toxic
substances and contaminated soils. Prior to donating this land to the non - profit, the Developer
shall ensure that the lots are fully improved with infrastructure, adjacent utilities, completed
grading, all applicable fees have been paid, and compliance with all applicable conditions of
approval and mitigation measures. The non - profit to whom the Developer donates the land shall
have a minimum of five years' experience in development, ownership, operation, and
management of similar sized affordable rental housing projects, and shall demonstrate that it has
the capacity to construct and operate the affordable housing apartment complex.
The Affordable Apartment Complex will be constructed on parcel "D" located at the
corner of Bodway Parkway and Valley House Drive. The Parties acknowledge that parcel "D" is
expected to be adequate to accommodate the Affordable Housing Complex, subject to formal site
plan review by the City and confirmation by the City that the Affordable Housing Complex
complies with the Specific Plan, the Project Approvals and Applicable Law.
Irrespective of who constructs the Affordable Apartment Complex, construction shall be
completed no later than the market -rate units that are part of the Project. In recognition of the
fact that Developer may phase construction of the market -rate or commercial units, for purposes
of this Affordable Housing Plan, the phrase "completed no later than market -rate units" shall
mean no later than the City's issuance of a building permit for the 225`h market -rate residential
unit.
The Developer shall provide in its transfer documents donating land within the Project to
a non -profit housing developer for a reversion in fee to Developer of the land upon which the
Affordable Apartment Complex is to be constructed if the Affordable Apartment Complex has
not been constructed as required by this Affordable Housing Plan. If the non - profit housing
developer has not completed construction of the Affordable Apartment Complex as set forth in
this Affordable Housing Plan, then the Developer will be required to complete construction of
the Affordable Apartment Complex itself. Developer shall do so at Developer's sole expense,
and Developer shall complete construction of the Affordable Apartment Complex no later than
issuance of the building permit for the 290th market -rate unit.
City shall not be obligated to issue any additional building pen-nits beyond the 290th
building permit until the Affordable Apartment Complex is satisfactorily completed, as
evidenced by a final certificate of occupancy, according to the terms of the Agreement and this
Affordable Housing Plan.
B. Affordability
The Affordable Apartment Complex shall consist of 36 Affordable Units. Fifty percent
(50 %) of these units, or 18 apartments, shall be rented to Very Low Income Households at an
Affordable Rent. The remaining fifty percent (50 %), or 18 of the apartments, shall be rented to
Low Income Households at an Affordable Rent as defined by the Rohnert Park Municipal Code.
C. Affordable Housing Agreement
Affordable rental properties shall be restricted for 55 years and owner - occupied
affordable housing units shall be restricted for 45 years as is required by the Rohnert Park
Municipal Code. In order to ensure that these affordability restrictions remain in place, the
Developer or the non - profit to whom the Developer donates land, shall enter into an Affordable
Housing Agreement with the City in a form and content acceptable to the City Attorney. The
Affordable Housing Agreement shall be recorded against the Affordable Apartment Complex
parcel or project site prior to the issuance of the building permit for the 100"' market rate
residential unit. The Affordable Housing Agreement shall include at least the following terms:
The requirement to construct the Affordable Apartment Complex in
accordance with this Affordable Housing Plan.
REVISED
2. Provisions restricting the rental of the Affordable Apartments to low and
very Low Income Households at an Affordable Rent as defined by the
Rohnert Park Municipal Code for 55 years.
3. Non - discrimination covenants.
4. Annual certification requirements for the lease of the rental units.
5. The submission of certificates of continuing program compliance to the
City at least once a year.
6. Restrictions on the ability to transfer the Affordable Apartment Complex.
7. Maintenance and management requests, including identifying the City's
remedies following notice and opportunity to cure.
8. A marketing plan for the Affordable Apartments, including any preference
programs.
D. Quality Standards
The Affordable Apartment Complex shall comply with the construction and aesthetic
standards set forth in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection
9. Specifically, the Affordable Units shall be comparable in number of bedrooms, exterior
appearance, and overall quality of construction to the market -rate units in the same project. With
prior approval from the City Manager, the Affordable Units may have different square footage or
interior features from the market -rate units in the Project so long as the interior features are
still of good quality and are consistent with contemporary standards for housing. In its approval
of the Development Agreement for this Project, the City specifically approves and authorizes the
clustering of the 36 affordable apartment units in the Project.
E. Marketin2/lmplementation
Developer or its designated affordable housing developer shall prepare and implement a
marketing and implementation plan for the rental of the Affordable Apartments. The plan must
be in a form and content reasonably acceptable to the City and include, among other things, the
following:
I. A plan to market the Affordable Apartments to eligible households.
2. Procedures for the rental of the Affordable Apartments, including the
slotting of applications and creation of a waiting list, eligibility
determination, income certification, and annual re- certifications.
REVISED
IV. DUET UNITS AND TOWNHOME UNITS
A. Obligation to Construct
Developer shall construct 28 affordable Duet Units and 8 affordable Townhome Units on
the sites depicted in and in accordance with the Specific Plan and Final Development Plan as
well as all plans and specifications as approved by the City.
Construction shall be completed, as evidenced by a final certificate of occupancy,
concurrently with the related market -rate units according to the Project phasing plan and phasing
snap as reviewed and approved by the City and as included in the Final Development Plan.
B. Affordability
The 28 affordable Duet Units and 8 affordable Townhome Units shall be used either as
rental housing or owner - occupied housing, subject to the following requirements:
If operated as rental housing, fifty percent (50 %) of the Affordable Units
shall be rented to Very -Low income households at an Affordable Rent.
The remaining fifty (50 %) of the Affordable Units shall be rented to Low -
income households at an Affordable Rent.
If sold as owner - occupied housing, fifty (50 %) of the Affordable Units
shall be sold to Low Income households at an Affordable Sales Price. The
remaining fifty percent (50 %) of the Affordable Units shall be sold to
Moderate income households at an Affordable Sales Price.
C. Affordable Housing Agreement
Concurrent with recordation of the final map for each tract in which affordable housing
sites have been designated, Developer shall record an Affordable Housing Agreement containing
covenants against any parcel on which Affordable Units are proposed to be constructed. The
covenants containing the affordability restrictions for the Affordable Units shall remain in place
for a minimum of fifty -five (55) years (for rental housing) or forty -five (45) years (for owner -
occupied housing). Among other things, the Affordable Housing Agreement shall include the
following terms:
If the Affordable Housing Unit(s) is /are operated as rental housing:
The requirement to construct the Affordable Units as provided herein;
Provisions restricting the rental of Affordable Units to low- and very low -
income households at an affordable rent for a period of fifty -five (55)
years;
Non - discrimination covenants;
REVISED
4. Provisions requiring income certification before the lease of any
Affordable Units and recertification every year thereafter;
5. Provisions requiring the submittal of certificates of continuing program
compliance to the City on at least an annual basis;
6. Restrictions on the ability to transfer the Affordable Units;
7. Maintenance and management requirements, including City remedies
following notice and opportunity to cure;
8. Provisions regarding the marketing of the Affordable Units.
If the Affordable Housing Unit(s) is /are sold as owner - occupied housing:
1. The requirement to construct the Affordable !-lousing Unit(s) as provided
herein;
2. Provisions restricting the sale of the Affordable Units to Low and
Moderate - income households at an Affordable Sales Price for a period of
forty -five (45) years;
3. Non - discrimination covenants;
4. Provisions requiring income certification before the sale of any Affordable
Units;
5. Restrictions on the ability to transfer the Affordable Units;
6. The phasing plan already submitted to the City that indicates the location
and unit size of each Affordable Unit, and the timing of the construction of
the Affordable Units in relation to the market rate units;
7. Provisions requiring homebuyers to execute and record, as appropriate,
resale and refinance restrictions, disclosure statements and a performance
deed of trust; and
8. A form of Resale and Refinance Restriction Agreement that includes,
among other things, provisions requiring that the Affordable Unit be sold
to a Low or Moderate- income household at an Affordable Sales Price for a
period of forty -five (45) years, refinance limitations, provisions
prohibiting the rental of the Affordable Unit, and an option to purchase at
an Affordable Sales Price in favor of City the event of a default by the
owner.
D. Quality Standards
The Affordable Units shall comply with the construction and aesthetic standards set forth
REVISED
in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection 9. Specifically, the
Affordable Units shall be comparable in number of bedrooms, exterior appearance, and overall
quality of construction to the market -rate units in the same Project. With prior approval from the
City Manager, the Affordable Units may have different square footage or interior features from
the market -rate units in the Project so long as the interior features are still of good quality and are
consistent with contemporary standards for housing. The Affordable Units shall be dispersed
throughout their respective phase.
E. Marketing /Implementation
Developer shall prepare and implement a marketing and implementation plan for the
Affordable Units. The plan must be in a form and content reasonably acceptable to the City and
include, among other things, the following:
I. A plan to market the Affordable Units to eligible households.
2. Procedures for the rental or sale of the Affordable Units, including the
slotting of applications and creation of a waiting list, eligibility
determination, income certification, and annual re- certifications.
V. COMPLIANCE MONTORING
Commencing one year after the Effective Date and every year through the Term, the
Developer shall submit an annual implementation plan to the City summarizing the status of
compliance with the Affordable Housing Plan, including status of construction and sale or rental
of the Affordable Units. At the time of submission of the information required by this section,
Developer shall submit the required Processing Fees to cover City's costs to review and monitor
Developer's compliance with the Affordable Housing Plan.
VI. DEVELOPER'S OBLIGATION
The obligations set forth in the Affordable Housing Plan are the obligation of Developer,
who shall be responsible for fulfilling them at Developer's sole cost and expense. Neither the
City nor the Rohnert Park Community Development Agency will have any obligation to assist in
the development of any of the Affordable Units or Second Units. The Developer shall provide
any and all subsidies necessary to construct the Affordable Units and to comply with all
provisions of the Affordable Housing Plan.
VII. PRIORITY
The Affordable Housing Agreement described above shall be superior to any mortgage,
deed of trust, lien, or other encumbrances (other than the lien for current taxes or assessments not
yet due) recorded against the Property, and shall be enforceable against any party who has
acquired its title by foreclosure, trustee's sale, voluntary conveyance, or otherwise. If so
requested by the City, the Developer or its successor shall execute and agree to the recording of a
subordination agreement evidencing the provisions of this Section VIII.
REVISED
VIII. ADJUSTMENT
The Developer may seek a reduction, adjustment, or waiver of these Affordable Housing
requirements as is set forth in Rohnert Park Municipal Code Section 17.07.020, footnote (N),
subsection 15.
REVISED
EXHIBIT E
Water Storage Facility
Exhibit E
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EXHIBIT F
Water Storage Facility
Specifications
Exhibit F
REVISED
The Tank shall be a minimum size of 0.370 million gallons and provide stored potable water to meet the
following requirements:
Tank equalization (25% of Maximum Day demand),
Emergency Reserve (Average Day demand) and
Fire reserve (1,500 gpm for 2 hours - commercial).
The Tank shall be a welded steel tank conforming to AWWA DI00 -05 WELDED CARBON STEEL
TANKS FOR WATER STORAGE. All appurtenances shall meet City Standards and AWW A standards.
All designs and improvements shall be to the satisfaction of the City Engineer and the State Water Board's
Drinking Water Program.
A minimum of 12 foot clear shall be provided around the tank at all points. This area shall be paved.
The Tank shall be entirely above ground.
Interior coating systems shall be three coat polyamide epoxy coating system that is certified in accordance
with NSF /ANSI 61 for contact with potable water in water storage tanks of the size being coated. The
coating system shall be suitable for application in three even coats of 3 -5 mils dry film thickness (DFT),
for a total minimum of 9 mils DFT, or better coating system as approved by the City Engineer.
A cathodic protection system shall be incorporated into the tank.
Pressurizing pumps shall have sufficient back -up such that .the largest pump can be out of service and all
flow and pressure requirements can be met. Pumps shall be high efficiency. Motors shall be high
efficiency variable speed motors.
All above ground piping shall be ductile iron, unless an alternative material is approved by the City
Engineer.
The pump for the tank shall have emergency back -up power, a generator. All mechanical equipment shall
be enclosed in a building.
The site shall be fenced to a height of 8 feet. Fencing shall be commercial galvanized vinyl coated chain
link or other fencing as approved by the City.
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance #882
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in
type not smaller than non - pareil and was preceded with words printed in black face type no smaller than non - pareil,
describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of
Rohnert Park Summary of Ordinance #882" of which the annexed is a printed copy, was published in said newspaper at least
1 consecutive time(s), commencing on the 28 day of November 2014, and ending on the 28 day of November 2014.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED is 28 day November 2014 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
Ordinance No. 882
City of Rohnert Park
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in
type not smaller than non- pareil and was preceded with words printed in black face type no smaller than non - pareil,
describing and expressing in general terms, the purport and character of the notice intended to be given; that the "Ordinance
No, 882 City of Rohnert Park" of which the annexed is a printed copy, was published in said newspaper at least _1
consecutive time(s), commencing on the 19 day of December 2014, and ending on the 19 day of December 2014.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 19 day of December 2014 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk