2017/01/10 City Council Resolution 2017-009RESOLUTION NO. 2017-009
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A GENERAL PLAN TEXT
AND MAP AMENDMENTS TO ALLOW FOR THE RESIDENCES AT FIVE CREEK
PROJECT (APN 143-040-124)
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use
Permits), and a Development Agreement and Planning Application No. PLEN 2016-0003 for the
related certification of a Mitigated Negative Declaration ("MND") and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.25 acre parcel located
at 5900 Labath Avenue (APN 143-040-124) (the "Project"), in accordance with the City of Rohnert
Park Municipal Code ("RPMC"); and
WHEREAS, the proposed amendments to the General Plan would amend the land use
designation of the project site from the current designation of Public/Institutional and Regional
Commercial to a designation of Public/Institutional, High Density Residential, Parks/Recreation,
and Regional Commercial as depicted on Exhibits 1 and 2; and
WHEREAS, the proposed text amendments, attached to this Resolution as Exhibit 2,
would incorporate references to the Stadium Area Master Plan into the General Plan Chapters 2
(Land Use and Growth Management), Chapter 3 (Community Design) and Chapter 7 (Health and
Safety); and
WHEREAS, the Planning Commission reviewed the proposed Mitigated Negative
Declaration prepared for the project; recommended its certification by the City Council; and has
otherwise carried out 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 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; and
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing, which
was continued to December 22, 2016 at which time interested persons had an opportunity to testify
either in support or opposition to the proposal; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the General Plan Amendment application for the proposal.
WHEREAS, the Planning Commission voted 4-0, to recommend approval of the proposed
General Plan Map and Text Amendments; and
2017-009
WHEREAS, on January 10, 2017, the City Council held a public hearing at which time
interested persons had an opportunity testify either in support or opposition to the proposed
General Plan Map and Text Amendments; and
WHEREAS, the City Council has reviewed and considered the information contained in
the proposed General Plan Map and Text Amendments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park makes the following findings, determinations and recommendations with respect to the
proposed General Plan Map and Text Amendments:
Section 1. The above recitations are true and correct.
Section 2. The City Council approved the Mitigated Negative Declaration for this
Project on January 10, 2017, concurrently with the City Council's approval of this Resolution
Section 3. Findings Regarding the Proposed General Plan Map and Text Amendments.
The City Council hereby makes the following findings concerning the General Plan amendments
proposed by Planning Application PLDV2016-0001:
1. That this proposed site is appropriate for development under the General Plan's High
Density Residential and Parks/Recreation Land Use designations.
Criteria Satisfied. The proposed General Plan amendments would diversify the
variety of uses permitted within the site, while retaining policies which preserve uses
permitted under the previous land use designations. This diversity of uses and
preservation of previous land use designations reflects the applicant's current Project
plan and retains an appropriate level of development. The proximity of the site to a
diversity of land uses makes this site appropriately suited for higher density residential
uses. The site will have access to services necessary to serve multi -family development,
including: proximity to retail and employment uses; access to recreational facilities
(e.g. Hinebaugh Creek path and new park); and available infrastructure capacity (roads,
public utilities, etc.). The inclusion of park space within the project ensures that
adequate park and open space area is available to all multi -family uses within the
Stadium Area Master Plan.
2. That the proposed General Plan amendments would be internally consistent with
specific policies in the Land Use Element of the General Plan relative to the proposed
development.
Criteria Satisfied. The proposed amendments establish specific policies in the Land
Use and Community Design Elements of the General Plan specific to the Stadium Area
Planned Development. The policies promote a compact urban form, an increased
connectivity between and within neighborhoods, the designation of pedestrian oriented
activity centers, a variety of housing and a mix of housing types, the protection of
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creeks and provision of a network of trails and parks, and a land use pattern to maximize
accessibility to parks and commercial centers.
3. That a duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendments to the General Plan Land Use Map.
Criteria Satisfied. A duly noticed public hearing on the proposed General Plan
Amendment was held on January 10, 2017.
Section 4. The City Council does hereby adopt the Findings stated herein above and
approve Application No. PLDV2016-0001 to amend the General Plan Land Use Diagram so as to
conform to the General Plan Amendments recommended herein by adopting the amended General
Plan Land Use Diagram attached to this Resolution as Exhibit 1.
Section 5. The City Council does hereby amend the text of the General Plan document to
incorporate proposed changes related to the Stadium Area Master Plan as attached to this
Resolution as Exhibit 2.
Section 6. This resolution is effective upon the effective date of the Ordinance approving
the Development Agreement for the Residences at Five Creek project.
DULY AND REGULARLY ADOPTED on this 10th day of January, 2017.
CITY OF ROHNERT PARK
Jake Mackenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Cleric
Attachments: Exhibit 1 and Exhibit 2
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: (0 ) ABSENT: ( `) ABSTAIN:
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Exhibit 1
Current General Plan Land Use Designations
Proposed General Plan Land Use Designations
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2017-010
RESOLUTION NO. 2017-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AMENDMENTS TO THE STADIUM AREA MASTER
PLAN, ADOPTION OF A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR THE RESIDENCES AT FIVE CREEK PROJECT (APN 143-040-124)
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use Permit)
and a Development Agreement and Planning Application No. PLEN 2016-0003 for the related
certification of a Mitigated Negative Declaration (“MND”) and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel located
at 5900 Labath Avenue (APN 143-040-124), in accordance with the City of Rohnert Park
Municipal Code (“RPMC”); and
WHEREAS, the proposed amendment to the SAMP would change the land use
designation on the 12.62 acre project site from its current designation of Regional Commercial to
Regional Commercial, High Density Residential and Parks/Recreation. A copy of the SAMP with
red-lined changes, corrections to the text and new graphics is incorporated into this Resolution as
Exhibit 1; and
WHEREAS, the proposed Residences at Five Creek Final Development Plan would allow
for the development of 135 units of multi-family residential, 132 hotel rooms, 34,300 square feet
of retail and service commercial, a 0.65 acre city park and the related infrastructure and
improvements to support the project as specified in Exhibit 2; and
WHEREAS, prior to development of any phase in the Stadium Area Planned
Development, a Conditional Use Permit (CUP) is required. A CUP has been requested as an
entitlement by MJW Investments for the Residences at Five Creek Project; and
WHEREAS, the City has assessed the potential environmental impacts associated with
the Project and has prepared a Mitigated Negative Declaration. The Planning Commission
reviewed the Mitigated Negative Declaration prepared for the Project; recommended its approval
by the City Council; 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 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; and
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing which
was continued to December 22, 2016 at which time interested persons had an opportunity to testify
either in support or opposition to the proposal; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the proposed SAMP Amendment, Final Development Plan and Conditional Use
Permit; and
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WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed
SAMP Amendment, Final Development Plan, and Conditional Use Permit; and
WHEREAS, on January 10, 2017, the City Council held a public hearing at which time
interested persons had an opportunity testify either in support or opposition to the proposed SAMP
Amendment, Final Development Plan, and Conditional Use Permit; and
WHEREAS, the City Council has reviewed and considered the information contained in
the proposed SAMP Amendment, Final Development Plan, and Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park makes the following findings, determinations and recommendations with respect to the
proposed SAMP Amendment, Final Development Plan, and Conditional Use Permit:
Section 1. The above recitations are true and correct.
Section 2. The City Council approved the Mitigated Negative Declaration for this
Project concurrently with the City Council’s approval of this Resolution.
Section 3. Findings Regarding Proposed SAMP Amendment. City Council hereby
makes the following findings concerning the SAMP amendment proposed by Planning
Application No. PLDV2016-0001:
1. That the proposed SAMP amendments are consistent with the General Plan.
Criteria Satisfied. The proposed amendment to the SAMP would change text and
graphics with the SAMP document. The Residences at Five Creek, Final Development
Plan would be incorporated into the SAMP document as part of this action. The land
use designations of the site will change from Regional Commercial to High Density
Residential, Regional Commercial and Parks/Recreation. This change facilitates the
development of the Residences at Five Creek project as proposed with an apartment
complex, public park, hotel and retail center. The Residences at Five Creek project site
is within the boundaries of the SAMP area. Approved land uses within the boundaries
of the SAMP include: High Density Residential (12-24 units/acre), Commercial-
Regional, and Parks/Recreation. The 12.62 acre parcel is within the SAMP and is
designated Regional Commercial. The project proposes to utilize the project site to
develop 135 high density residential units, 34,300 square feet of retail commercial and
a 0.65 acre public park. The project site would result in an increase in the number of
residential units approved under the SAMP from 338 to 473 units.
The proposed project site is located within the SAMP boundaries where other high
density residential projects have been constructed and is adjacent to existing retail
commercial development. Therefore, the amendment to the SAMP would be
appropriate for development under the General Plan’s High Density Residential land
use designation, Retail Commercial designation and Parks/Recreation designation, as
recommended for amendment.
The proposed development would provide a diversity of land uses. The site will have
access to services necessary to serve multi-family development, including: proximity
to retail and employment uses; access to recreational facilities (e.g. Hinebaugh Creek
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path and new park); and available infrastructure capacity (roads, public utilities, etc.).
The inclusion of park space within the project ensures that adequate park and open
space area is available to all multi-family uses within the Stadium Area Master Plan.
The project promote General Plan policies related to the promotion of a compact urban
form, an increased connectivity between and within neighborhoods, the designation of
pedestrian oriented activity centers, a variety of housing and a mix of housing types,
the protection of creeks and provision of a network of trails and parks, and a land use
pattern to maximize accessibility to parks and commercial centers.
2. That the proposed amendment will not result in an internal inconsistency in the General
Plan.
Criteria Satisfied. The SAMP Amendment is discussed in the application materials,
the Mitigated Negative Declaration, resolution adopting the General Plan amendment
and staff report. The City adopts the conclusions and analysis of those document
regarding General Plan consistency and incorporates these by reference. The Project,
including the General Plan Amendment, is consistent with the General Plan, as
recommended for amendment, and will result in an internally consistent General Plan.
3. That a duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendments to the General Plan Land Use Diagram.
Criteria Satisfied. A duly noticed public hearing on the proposed General Plan
Amendment was held on January 10, 2017.
Section 4. Findings Regarding the Final Development Plan. The City Council hereby
makes the following findings concerning the Residences at Five Creek, Final Development
Plan proposed by Planning Application No. PLDV2016-0001:
1. That Each individual component of the development can exist as an independent unit
capable of creating an environment of sustained desirability and stability, and the uses
proposed will not be detrimental to present and potential surrounding uses but instead
will have a beneficial effect which could not be achieved under another zoning district;
Criteria Satisfied. The Residences at Five Creek Final Development Plan establishes
four components (apartments, hotel, park, shopping center) for the development to be
built in two phases. The first phase would involve the construction of the hotel,
apartments, and park. The shopping center would be built as a second phase. Each
component can exist as an independent unit with the necessary financial capacity to
support development of infrastructure and related facilities therein. As described in the
Final Development Plan and the staff report, each project phase incorporates a variety
of complementary uses which provide housing, access to parks and open space,
pedestrian and bicycle friendly infrastructure, and commercial development. A mixed
use project of this type could not be achieved under any other zoning district because
the City currently lacks zoning that would allow for this mixture of land uses.
2. The streets and thoroughfares proposed meet the standards of the city and adequate
infrastructure can be supplied to all phases of the development;
Criteria Satisfied. As described in the Final Development Plan and staff report each
Phase of the Project is designed to have adequate infrastructure, integrated with existing
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City roadways, street, bicycle paths, and walkways. All publicly owned streets and
thoroughfares will meet the standards of the City.
3. Any commercial component complements other uses in the development;
Criteria Satisfied. As described in the Final Development Plan and the staff report,
the Project incorporates a variety of complementary uses which provides housing,
access to parks and open space, pedestrian and bicycle friendly infrastructure. These
complement to Project’s commercial component. The Final Development Plan
provides for commercial component to be integrated with residential and other
components throughout the Project site complementing those components by
enhancing public convenience, employee access to recreational amenities and,
reducing commuter and traffic congestion. The mixed use character of the Final
Development Plan allows commercial components of the Project to complement other
Project components.
4. Any residential component will be in harmony with the character of the surrounding
neighborhood and community and will result in densities within the P-D district that
are no higher than that permitted by the general plan;
Criteria Satisfied. As described in the Final Development Plan and staff report, the
Project will provide for housing consistent with the designated High Density
Residential General Plan category. This will result in a similar residential intensity to
the recently completed Fiori Estates and The Reserve apartment complexes to the north.
The Final Development Plan provides for commercial components to be accessible to
the residential uses by creating an integrated pedestrian circulation system.
5. Any industrial component conforms to applicable desirable standards and will
constitute an efficient, well-organized development with adequate provisions for
railroad and/or truck access and necessary storage and will not adversely affect
adjacent or surrounding development;
Criteria Satisfied. No industrial land uses are proposed as part of this Project.
6. Any deviation from the standard zoning requirements is warranted by the design and
additional amenities incorporated in the final development plan, which offer certain
unusual redeeming features to compensate for any deviations that may be permitted;
Criteria Satisfied. The Final Development is consistent with the amended Stadium
Area Master Plan which was established when this property was originally zoned P-D.
Minor deviations to the zoning ordinance and Rohnert Park design standards are
proposed. Zoning ordinance deviations limit the range of permitted land uses allowed
to reduce potential conflict between the commercial and residential land uses.
Deviations from the City’s Design Guideline area proposed to allow for the “Modern”
architectural style proposed for the project. This will help ensure that all project
components are built using a similar design style (Modern) and remain visually
consistent.
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7. The P-D zoning district is consistent with the general plan of the city and any
applicable specific plan.
Criteria Satisfied. The Final Development Plan is proposed concurrently with an
amendment to the General Plan land use designations from Regional Commercial to a
combination of Regional Commercial, Parks and Recreation and High Density
Residential to allow a variety of residential, commercial, public, recreational and other
uses which conform to the Project’s mixed use character. The proposed Final
Development Plan is wholly consistent with the General Plan, as recommended to be
amended.
Section 5. Findings Regarding the Conditional Use Permit. The City Council hereby
makes the following findings concerning the Conditional Use Permit proposed by Planning
Application No. PLDV2016-0001:
1. That the proposed location of the conditional use is consistent with the objectives of
the zoning ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The Conditional Use Permit is consistent with and help to
implement the Planned Development. The Conditional Use Permit applies to the
Residences at Five Creek, Final Development Plan project site and is in conformance
with the proposed amended Stadium Area Master Plan land use designations for the
subject property. The proposed uses are compatible and development will comply with
development standards (e.g. required building setbacks, parking, open space and
building height) and other requirements within the Rohnert Park Municipal Code. As
part of the CUP, Conditions of Approval will be adopted that will be apply at each step
of the site and building development process to ensure that the development of the site
is consistent with adopted regulations, standards and guidelines. Each phase of the
development will go through Site Plan and Architectural Review resulting in an
attractive development that conforms to all of the requirements of the Zoning
Ordinance.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, and that
the operation and maintenance of the conditional use will be compatible with the
surrounding uses.
Criteria Satisfied. The surrounding properties are a mixture of commercial,
residential and light industrial uses. The proposed commercial, multi-family
residential, public park will be compatible with the existing surrounding uses.
Conditions are attached to this Conditional Use Permit to assure that the uses will not
be detrimental to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
3. The proposed conditional use will comply with each of the applicable provisions of this
title.
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Criteria Satisfied. Conditions are attached to the Conditional Use Permit to assure
that it complies with each applicable provision of Title 17 (Zoning).
Section 6. The City Council adopts the Findings hereinabove; adopts and approves
Application No. PLDV2016-0001, amending the Stadium Area Master Plan Exhibit 1, adopts the
Final Development Plan Exhibit 2, approves the Conditional Use Permit, and adopts the attached
Conditions of Approval pertaining to the Final Development Plan and Conditional Use Permit
Exhibit 3.
Section 7. This resolution is effective upon the effective date of the Ordinance
approving the Development Agreement for the Residences at Five Creek project.
DULY AND REGULARLY ADOPTED on this 10th day of January, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit 1, Exhibit 2 and Exhibit 3
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Stadium Area Master Plan
Page 1
Stadium Area Master Plan
“PD” Zoning District
February 6, 2008
Amended November 26, 2013 per Ord. No. 872 and Ord. No. 874
Amended ______, 2017 per Ord. No. ____
Stadium Area Master Plan
Page 2
Table of Contents
1. Purpose ...............................................................................................................3
2. Administrative Procedures .................................................................................3
3. Land Use and Zoning .........................................................................................4
4. Relationship of Land Uses to Surrounding ........................................................7
5. Applicable Codes and Standards .....................................................................11
6. Circulation Plan ...............................................................................................12
7. Estimate and Timing of Other Needed Infrastructure ......................................16
8. Parking Requirements ......................................................................................16
A. Appendix (Residences at Five Creek Development Plan) ............................ A-1
Stadium Area Master Plan
Page 3
1. Purpose
In accordance with Zoning Code Chapter 17.06, Article VII., the purpose of this
“PD” Planned Development Zoning District is to set forth the standards for the
development of a this Final Development Plan (hereafter referred to as the Stadium
Area Master Plan or SAMP) through the adoption of the development standards and
the listing of the permitted uses.
a. Project Objectives.
Create additional jobs within the City of Rohnert Park.
Increase housing opportunities within the City of Rohnert Park.
Promote implementation of General Plan goals, objectives and policies for
jobs/housing balance, community growth, infrastructure improvements, and
preservation of resources and environment.
Promote implementation of Area Plan goals, objectives, and policies for
infrastructure and public services.
Provide direction for new development within the SAMP.
Redevelopment of formerly developed industrial and institutional land.
b. Development Standards. The applicable development standards for the SAMP
shall be consistent with the Zoning District which implements the General Plan
land use designation for the property as shown in Table 1 below.
Table 1
General Plan Designations and Corresponding Zoning
General Plan Designation Implementing Zoning District
Commercial – Regional “C-R” Regional Commercial
Public/Institutional “P-I” Public Institutional Parks/Recreation
High Density Residential “R-H” High Density Residential
Table 1
General Plan Designations and Corresponding Zoning
b.c.Permitted Uses. The applicable Zoning District that corresponds to the General
Plan designation shall be used to determine permitted and conditionally permitted
uses.
2. Administrative Procedures
Future development shall be subject to the procedures that are outlined in the Zoning
Code Chapter 17.06, Article VII, for example tentative maps, conditional use permits
and/or detailed design approvals. including but not limited to:
a. Tentative Map. Future review of any subdivision shall be subject to the
requirements of the Rohnert Park Municipal Code. High Density Residential
Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 0.25", No bullets or numbering
Stadium Area Master Plan
Page 4
development shall be referred to the Parks and Recreation Commission for a
recommendation prior to action being taken.
b. Conditional Use Permit. A Conditional Use Permit shall be required prior to the
construction of each phase within the SAMP. The intent of this Conditional Use
Permit shall be to further clarify the details of the proposed development and ensure
that each component complies with the established provisions of the district.
Site Plan and Architectural Review (SPAR). Approval of a SPAR is required
prior to construction within the SAMP in accordance with the city zoning ordinance
(see also Section 5, Applicable Codes and Standards).
c. Permanent Zoning. The P-D District shall be considered a permanent Zoning
District for the SAMP unless and until an application for Rezoning is filed with the
Development Service DepartmentDepartment of Community Development and
approved by the City Council.
3. Proposed Land Use and Zoning
a. Proposed Land Use. Figure 1 illustrates the four General Plan designations that
are proposed within the boundaries of the SAMP. They include: High Density
Residential (12-24 units/acres), Commercial-Regional, Public/Institutional, and
Parks/Recreation.
Formatted: Indent: Left: 0.25", No bullets or numbering
Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 0.25", No bullets or numbering
Formatted: Indent: Left: 0.25"
Formatted: Indent: Left: 0.25", No bullets or numbering
Formatted: Indent: Left: 0.25"
Stadium Area Master Plan
Page 5
Figure 1
SAMP General Plan Designations
Stadium Area Master Plan
Page 6
High Density Residential - 13.6 22.6 acres±
The General Plan High Density Residential designation accommodates residential
development at densities ranging from 12.1 to 24.0 units per gross acre and
accommodates a wide range of housing types, ranging from single family attached to
multifamily and is intended for specific areas where higher densities may be
appropriate.
Commercial-Regional - 12.76.6 acres±
The General Plan Commercial (Regional) designation is intended to provide sites for
retail areas containing a wide variety of businesses, including: retail stores, eating and
drinking establishments, commercial recreation, service stations, auto and repair
services, financial, business and personal services, hotels, motels, and educational and
social services. Residential uses may be conditionally permitted. The maximum FAR
is 1.5 for hotel/motel projects and 0.4 for all other uses. Shopping centers typically
provide department or big-box retailers which attract regional shoppers.
Neighborhood – oriented commercial uses may be limited within this designation.
Public/Institutional – 3.0 acres±
The General Plan Public/Institutional designation provides for schools, government
offices, transit sites, and other facilities that have a unique public character, as well as
Sonoma State University. Religious facilities would be also permitted in this
designation. The Public/Institutional site within the Master Plan is intended for
construction of a City Public Safety facility.
Parks/Recreation - 0.50.65 acres±
The General Plan Parks/Recreation designation provides for active and passive parks
and recreational areas, recreation complexes, community fields, public golf courses,
stadiums, arboretums, and greenways. Ancillary facilities such as concession stands,
clubhouses, and equipment rental are also allowed. The City’s General Plan land use
diagram is not parcel specific. Uses on sites which are less than one acre in size are
not depicted on the diagram. Future residential projects will be required to include
private or public recreational land consistent with City policies.
b. Proposed Zoning. The Zoning District for the SAMP site is “P-D” Planned
Development; however, the Zoning District standards which implement the
corresponding General Plan land use designation, as indicated in Table 1, shall
apply. For example:
The “R-H” (High Density Residential) zone shall apply to areas which are
designated by the General Plan as High Density Residential.
Stadium Area Master Plan
Page 7
The “C-R” (Regional Commercial) zone shall apply to areas which are designated
by the General Plan as Commercial –Regional.
The “P-I” (Public Institutional) zone shall apply to areas which are designated by
the General Plan as Parks/Recreation and areas designated Public/Institutional.
4. Relationship of Existing and Proposed Land Uses to Surrounding
The 32.8 acre SAMP lies in the northwest corner of the City of Rohnert Park1. The
site is bounded to the north by several parcels of land which front onto Business Park
Drive; to the east by light industrial and office uses along Redwood Drive; Costco
and Ashley Furniture; to the south by Hinebaugh Creek; and to the west by Labath
Avenue. The existing land uses include industrial and public/institutional.
The boundary of the SAMP is somewhat irregular since in some cases it follows
public rights-of-way e.g., Labath, Carlson and Dowdell Avenues and in other cases it
follows parcel lines. The land to the north of the future extension of Carlson Avenue
comprises a contiguous (i.e. adjoining) parcel, as does the land south of Carlson; the
total property encompasses approximately 32.8 acres of land. The SAMP consists of
relatively flat land which is mostly undeveloped.
As illustrated in Figure 2, the Northwest Specific Plan and the Wilfred Dowdell
Specific Plan lie to the north of Business Park Drive and the proposed SAMP.
1 The area’s designation as the “Stadium Area” refers to the stadium located within the planning area which
was the home of the now defunct Sonoma County Crushers baseball team. The developer has an option to
purchase the property from the City of Rohnert Park.
Stadium Area Master Plan
Page 8
Figure 2
Location Map
Figure 2
Location Map
Stadium Area Master Plan
Page 9
In arriving at a preferred development vision for the SAMP consideration was given
to several factors including location, access, parcel size and configuration, existing
land uses in the area, and market demands.
With regards to location and access, the SAMP is positioned adjacent to the Costco
operation which attracts customers from many of the nearby communities the
majority of whom arrive to the area via Highway 101. Because of the strong drawing
power of Costco, it is anticipated that additional retail/commercial activity could be
supported in the SAMP. Other existing land uses in the area, such as the Press
Democrat newspaper operation located to the northeast of the SAMP and the KRCB
Channel 22 public broadcast television station located north of Carlson Blvd., are
self-contained business destinations and therefore do not generate the type of
commercial traffic and attraction which Costco does. Other activities to the north of
Costco include the City of Rohnert Park's Animal Shelter and the City's wastewater
pumping station.
Based on recent discussions and studies concerning the potentials for development of
other land uses in the SAMP, which were conducted as part of the planning efforts in
preparing this plan, it is anticipated that some demand exists for new hotel rooms,
commercial development, and residential (rental) housing in the inventory of
industrial space in the Rohnert Park area is such that there will be little demand for
such development for the foreseeable future. On the other hand, demands for
residential (rental) housing are strong in Sonoma County, and elsewhere in Northern
California. , indicating that there is potential for developingBased on this analysis,
new hotels, commercial space and dwelling units should be successful in the SAMP.
Based on the foregoing considerations and following the guidance provided by the
General Plan, the proposed development to be accommodated in the SAMP may be
characterized as having four components: Regional Commercial, High Density
Residential, Public/Institutional, and Parks (see Figure 1).
The commercial uses are to be developed in roughly the southern portion half of the
Zoning District. This site has the potential for generating additional retail based on
existing commercial uses in the area including the Costco facility on the corner of
Martin Avenue and Redwood Drive and the other commercial uses which are next to
U.S. Highway 101, along Redwood Dr. This commercial area flanks the future
extension of Dowdell Avenue into this area and is accessible via Martin Avenue, a
major arterial which, via Redwood Dr. and Rohnert Park Expressway links the SAMP
with the freeway. Given the size of the parcel (about 15.7 acres with 6.6 acres12.7
designated for commercial uses), it is anticipated that this site could accommodate a
hotel and/or a moderate sized single large retail development or several smaller
buildings.
The northwestern part of the SAMP property is envisioned to develop with high
density multifamily or single family (attached) residential units to the east and west
sides of the extension of Dowdell Avenue
Stadium Area Master Plan
Page 10
The principal land uses to be developed within the SAMP are listed in Table 2.
Stadium Area Master Plan
Page 11
Table 2
SAMP Land Use & Development Program
5. Applicable Codes and Standards
All future entitlements will be required to comply with the Codes and Standards that
are in effect at the time the application is deemed complete unless otherwise
superseded by the SAMP or a negotiated Development Agreement. Examples include
but shall not be limited to:
a. Rohnert Park Municipal Codes
Green Building Ordinance
Inclusionary Housing Ordinance
Public Art Ordinance
Park Land Dedication/Fee
b. Rohnert Park Standards
Affordable Housing Linkage Fee
Public Facilities Finance Plan Fees
Adopted Engineering Standards
c. Project Design. Future residential and/or commercial projects shall conform to
the City of Rohnert Park General Plan Community Design Element, adopted
Design Guidelines, and City of Rohnert Park Engineering Standards. During the
review process, particular attention shall be given to the following:
The interface between the industrial, residential, commercial and
public/institutional land uses.
The arrangement between buildings and spaces such that provisions are made to
ensure complementary transition between uses.
The arrangement between structures and spaces shall result in a cohesive design
among similar land uses.
Building materials, colors, linkage to sidewalks, parking placement, landscape
design, and plant materials to complement existing and proposed uses.
Land Use Gross Acreage Housing Units CommercialNon-
Residential (1K sf)
High Density Residential 122.556.6 up to
473338
none
Commercial – Regional 6.612.7 none up to 300,000 sf140
Public/Institutional 3.0 none None
Park 0.655 none None
Totals 32.8 up to
473338
up to 300,000140
Stadium Area Master Plan
Page 12
Conditions of the General Construction Activity NPDES permit from the
Regional Water Quality Control Board.
Proper site design and/or noise attenuating devices to reduce the indoor and
outdoor noise levels for sensitive receptors.
Special consideration should be given to memorialize the “Stadium.”
d. Subareas. The SAMP includes several distinct subareas (see Figure 3),
including: Fiori Estates (apartments); The Reserve (apartments); Residences at
Five Creek (mixed use); and the Public Safety Facility. In order to provide
guidance for future development, a detailed development plan for the Residences
at Five Creek project has been included as Appendix A.
Figure 3 – SAMP Subareas
Stadium Area Master Plan
Page 13
d.e.Mitigation and Monitoring Reporting Program (Stadium Area Master Plan
EIR). CEQA Guidelines Section 15097 requires the incorporation of the
Mitigation and Monitoring Reporting Program (see EIR certification resolution).
6. Circulation Plan
a. Existing Circulation. The existing and future circulation for the site, in
accordance with the adopted General Plan, is illustrated in Figure 3. It shows the
connection of Martin Avenue between Labath and Dowdell Avenues and no
connection on Dowdell Avenue to Business Park Drive.
b. Proposed Circulation: The SAMP includes a conceptual circulation plan, Figure
4, but does not include specifics in terms of internal circulation or how the various
retail and residential uses would interface with the adjacent streets. Further review
will be required upon application for specific development and conditions of
approval will be applied.
The conceptual circulation scheme indicates that Dowdell Avenue will be
extended between Martin Avenue and Business Park Drive, and that Carlson
Avenue will be extended from Labath Avenue to the new extension of Dowdell
Avenue. The scheme does not show Martin Avenue will serve as a local
connector betweening Labath and Dowdell Avenues to serve the new public
buildings that will be accessed via Martin and to provide additional connectivity
to vehicles, bicycles and pedestrians. Martin is envisioned as a slow-speed street
that would allow for on-street parking. The intersection of Martin and Dowdell
Avenues is assumed to be a landscaped intersection also known as a modern
roundabout. The final circulation plan will be reviewed upon application for
specific development.
Stadium Area Master Plan
Page 14
Figure 3
Existing General Plan Circulation
Figure 4
Proposed Proposed Circulation
c. Proposed Streets and Improvements.
Dowdell Avenue (north extension) to Business Park Drive. Dedicate, improve
and/or reconstruct the full width of Dowdell Avenue from Martin Avenue to
Business Park Drive as a minor arterial. The half width (32 foot right-of-way)
street improvements shall consist of a 7 foot center turn lane, a 12 foot travel lane,
a 5 foot Class II bike lane and a 6 foot sidewalk located behind an 8 foot planter
strip.
Carlson Avenue (east extension) to Dowdell Avenue. Dedicate, improve and/or
reconstruct the full width of Carlson Avenue from Labath Avenue to Dowdell
Avenue as a minor arterial. The half width (25 foot right-of-way) street
improvements shall consist of a 12 foot travel lane, a 5 foot Class II bike lane and
a 6 foot sidewalk located behind an 8 foot planter strip.
Martin Avenue from Dowdell Avenue to Labath Avenue. Dedicate and Iimprove
Martin Avenue as a local connector between the two major roadways. This could
be provided as a public right-of-way or a private street with a public easement.
On-street parking may be provided and pedestrian access through the site must be
accommodated. the western 200 feet from Dowdell Avenue into the proposed
Shopping Center as a minor arterial. The half width (32 foot right-of-way) street
Stadium Area Master Plan
Page 15
improvements shall consist of a 7 foot center turn lane, a 12 foot travel lane, a 5
foot Class II bike lane and a 6 foot sidewalk located behind an 8 foot planter strip.
d. Proposed Intersection Improvements and Modifications.
Redwood Drive at Wilfred Avenue. Eastbound approach to Wilfred Avenue
intersection will require reconfiguration to include a left turn lane, two through
lanes and a shared through right turn lane. The southbound Redwood Drive
approach will require reconfiguration to provide dual left turn lanes and a shared
through right turn lane. Projects within SAMP shall pay impact fees or contribute
a proportional share of the necessary improvements.
Commerce Blvd at State Farm Drive. Signalization is required. Projects within
SAMP shall pay impact fees or contribute a proportional share of the necessary
improvements.
Redwood Drive at Business Park Drive. Signalization is required. Projects within
SAMP shall pay impact fees or contribute a proportional share of the necessary
improvements.
Redwood Drive at Rohnert Park Expressway. Modify the northbound approach of
Redwood Drive to provide a left turn lane, two through lanes and a right turn lane.
Right turn overlap signal phasing should be added to the northbound, southbound,
and westbound approaches. These lane modifications will also facilitate the
installation of a bicycle lane at the intersection. Projects within SAMP shall pay
impact fees or contribute a proportional share of the necessary improvements.
Dowdell Avenue at Business Park Drive. Signalization or single lane traffic
roundabout is required and shall be included with future project.
Rohnert Park Expressway at Labath Avenue. Modify the NB approach to include
a left turn lane, single through lane, and dual right turn lanes. Modify the SB
approach to include a left turn lane and shared left turn-thru-right-turn lane.
Modify signal phasing to split-phase north and south. Projects within SAMP shall
pay impact fees or contribute a proportional share of the necessary improvements.
Rohnert Park Expressway at US 101 SB ramp. Modify the EB approach to
provide two thru lanes and a dedicated right turn lane. Install lane assignment
signs to notify drivers on SB Redwood Drive prior to Rohnert Park Expressway
intersection. Projects within SAMP shall pay impact fees or contribute a
proportional share of the necessary improvements.
Rohnert Park Expressway off ramp at US 101 NB ramp. Re-strip NB off ramp
approach with a left turn lane, shared left turn-thru lane, and right turn lane.
Projects within SAMP shall pay impact fees or contribute a proportional share of
the necessary improvements.
e. Proposed On-Site Bicycle and Pedestrian Facilities. All streets within the
SAMP shall included sidewalks on both sides. On-site pedestrian sidewalks
Stadium Area Master Plan
Page 16
and/or paths shall connect all activity areas. Bike racks shall be provided at all
retail uses and within residential areas.
A class II bike lane shall be constructed upon reconstruction of Labath Avenue
from Hinebaugh Creek to Carlson Avenue.
A class II bike lane shall be included as part of the construction of the Dowdell
Avenue extension
Martin Avenue shall include sidewalks to allow for pedestrian access and through
traffic.
7. Estimate and Timing of Other Needed Infrastructure
The timing of all circulation or other infrastructure improvements shall be determined
upon future project conditioning.
a. Public Safety Facility. The project proponent is responsible for dedicating to the
City of Rohnert Park a 3 acre site for future development of a Northwest Public
Safety Facility. Projects within SAMP shall pay impact fees or contribute a
proportional share for improvements in order to meet the goal of a 4 minute
response time. Martin Avenue shall be extended to provide access to both
Dowdell Avenue and Labath Avenue.
b. Parks and Recreation. The project proponent is responsible for parkland
dedication and/or improvement as required upon submittal of a future subdivision
map for residential development.
c. Utilities. The project proponent is responsible for the installation of all required
utilities upon future development unless the City accepts the payment of impact
fees.
8. Parking Requirements
Specific dDevelopment plans for the parcels comprising SAMP have not been
submitted. Future proposals shall provide a minimum parking supply that is
consistent with the parking requirements contained in the Zoning Code at the time of
project review. An alternative parking plan may be considered upon submittal and
review of a parking analysis that is conducted by a qualified individual or firm.
Stadium Area Master Plan
Page A-117
Appendix A
Residences at Five Creek Development Plan
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
2CONCEPTUAL RENDERING -RETAIL LABATH AVE.DOWDELL AVE.MARTIN AVE.MAJOR ASHOPS2SHOPS1HOTEL
Residences at Five Creek
Final Development Plan
September 21, 2016 Draft
Applicant: MW Investment Group
Contact: Matt Walbern
1278 Glenneyre Street, Ste. 439
Laguna Beach, CA 92651
Prepared by: KTGY Group, Inc.
Contact: Michael Tseng
Address: 17911 Von Karman, Ste. 200
Irvine, CA 92614
In Consultation With:
356 Advisors
Civil Design Consultants, Inc. (Civil Engineering)
Omni-Means (Landscape Architecture)
September 21, 2016
Prepared by:
Page 2
List of Contents
Project Description ................................................................................................Page 3
Final Development Plan .........................................................................................Page 4
Renderings and Elevations .....................................................................................Page 5
Land Use Summary ................................................................................................Page 10
Zoning Code Variations ..........................................................................................Page 12
Design Guideline Variations ...................................................................................Page 13
Circulation .............................................................................................................Page 16
Landscape Concept Plans ......................................................................................Page 19
Water .....................................................................................................................Page 21
Sewer .....................................................................................................................Page 24
Stormwater ............................................................................................................Page 25
Grading and Phasing ..............................................................................................Page 26
Residences at Five Creek — Index Sheet
List of Figures
Figure 1, Final Development Plan ..........................................................................Page 4
Figure 2, Conceptual Residential Rendering .........................................................Page 5
Figure 3, Conceptual Residential Front Elevation ..................................................Page 5
Figure 4, Conceptual Residential Side Elevation, Left ............................................Page 6
Figure 5, Conceptual Residential Side Elevation, Right ..........................................Page 6
Figure 6, Conceptual Residential Rear Elevation ....................................................Page 6
Figure 7, Grocery Rendering ..................................................................................Page 7
Exhibit 8, Retail Plaza Rendering ............................................................................Page 7
Figure 9, Hotel Rendering 1 ...................................................................................Page 8
Figure 10, Hotel Rendering 2 .................................................................................Page 8
Figure 11, Hotel Rendering 3 .................................................................................Page 9
Figure 12, Rohnert Park Zoning Map .....................................................................Page 10
Figure 13, Project Zoning Districts .........................................................................Page 11
Figure 14, Street Sections ......................................................................................Page 16
Figure 15, Circulation Plan .....................................................................................Page 16
Figure 16, Private Vehicular Circulation Plan .........................................................Page 17
Figure 17, Private Pedestrian Circulation Plan .......................................................Page 18
Figure 18, Preliminary Landscape Concept Plan ....................................................Page 19
Figure 19, Preliminary Park Concept Plan ..............................................................Page 20
Figure 20, Water Plan ............................................................................................Page 21
Figure 21, Recycled Water Plan .............................................................................Page 22
Figure 22, Sewer Plan ............................................................................................Page 23
Figure 23, On-Site Utility Plan ................................................................................Page 24
Figure 24, Storm Drain Plan ...................................................................................Page 25
Figure 25, Conceptual Grading Plan .......................................................................Page 26
Figure 26, Phasing Plan ..........................................................................................Page 27
September 21, 2016
Prepared by:
Page 3
Residences at Five Creek — Project Description
Summary
The Residences at Five Creek (herein after referred to as
“Project”) is located within the Stadium Area Master Plan
(SAMP) – a 32.8-acre master-planned development located
in the northwest corner of the City of Rohnert Park. As
indicated in the SAMP document, the SAMP is bounded
to the north by several parcels of land, which front
onto Business Park Drive; to the east by light industrial
and office uses along Redwood Drive; to the south by
Hinebaugh Creek; and to the West by Labath Avenue. The
SAMP regulates development within this area and allows
for up to 473 high density residential dwelling units and up
to 300,000 square feet of commercial development.
The proposed Project is located within the southern
portion of the SAMP and consists of 12.62 gross acres. The
Project site is bounded to the north by Carlson Avenue
right-of-way; to the east by Dowdell Avenue; to the south
by the future extension of Martin Avenue; and to the
west by Labath Avenue. The Project includes a 0.65-acre
park facility at the corner of Dowdell Avenue and Carlson
Avenue. High density residential uses are located on 6.03
net acres in the northern portion of the site. Regional
commercial uses will be located in the southern portion
of the site, with up to 34,300 square feet of retail located
at the corner of Martin and Dowdell Avenues and a four-
story hotel with up to 132 keys (e.g. hotel rooms) at the
corner of Labath and future Martin Avenues. The proposed
intensity/density of the Project is depicted in Table 1,
Project Intensity/Density and the layout can be viewed in
Exhibit 1, Final Development Plan.
store design is depicted in Exhibit 7, Grocery Rendering. To
design a cohesive and unified shopping center, secondary
tenants also have the primary entry fronting onto the
parking lot. It should be noted that as tenant desires vary,
entries may be relocated onto street. The retail area also
features a plaza area, including a trellis structure, outdoor
seating, and a water feature/artwork. This plaza not only
provides shade for visitors to the retail area, but also
provides a welcoming entry from the adjacent proposed
High Density Residential uses to the north. The retail
plaza is conceptually depicted in Exhibit 8, Retail Plaza
Rendering.
Another use within the Commercial Regional district is a
hotel with up to 132 keys (or rooms) on 2.56 acres. The
building area for the four-story hotel is anticipated to be
75,721 square feet. The hotel is located in the center of
the property and is surrounding by surface parking, while
fronting onto the future extension of Martin Avenue. The
hotel will include a circular driveway, partially covered by
a porte-cochere to provide protection for guests checking
in and a strong entry statement. The conceptual design for
the hotel is depicted Exhibits 9 through 11.
The Project also includes a 0.65-acre neighborhood park
located at the corner of Carlson Avenue and Dowdell
Avenue. Homes within the High Density Residential district
will front directly onto the neighborhood park, improving
the safety of the park. Amenities in the park include, but
are not limited to, passive lawn area, bocce ball court,
a 400-square foot picnic pavilion, semi-exclusive skate
features, and an entry plaza.
Uses within the High Density Residential district include
up to 135 multi-family dwelling units. The proposed
multi-family units include stacked flats in three-story
buildings. The buildings include individual one-car garages
and surface parking spaces (some of which may be
covered by a carport structure). These units have been
plotted to provide direct access from the residences to
either common open space facilities or the public street.
These units also feature common entry areas, fostering
interaction among the residents. Conceptual renderings
and conceptual elevations of the residential dwelling units
are depicted on Exhibits 2 through 6.
Uses within the Commercial-Regional district include up to
34,300 square feet of retail uses on 3.34 acres including,
but not limited to restaurants, grocery stores, clothing
stores, neighborhood services (i.e. dry cleaners), retail
anchors, offices, and other retail uses generally found
within a shopping center. The design anticipates a grocery
store as the main anchor, as the large building fronts onto
parking lot to accommodate shopping carts. The grocery
Table 1, Project Intensity/Density
Use Gross Acres Units Building Area
(sq. ft.)
High Density
Residential (H-R)6.07 135 –
Commercial-
Regional (C-R)5.9 –34,300 (retail)
132 keys (hotel)
Park 0.65 –—
TOTAL 12.62 135 34,300 (retail)
132 keys (hotel)
September 21, 2016
Prepared by:
Page 4
Residences at Five Creek — Final Development Plan
Figure 1, Final Development Plan
CIVIL DESIGN CONSULTANTS, INC
Residential Summary
Gross Site Area 6.07 AC
Dwelling Units 135
Density 22.2 DU/AC
Unit Distribution
1 Bdrm: 67 units
2 Bdrm: 56 units
3 Bdrm: 12 units
Residential Amenity 4,000 SF Clubhouse
Total Building Footprint 73,600 SF
Lot Coverage 27.8%
Total Common Open
Space 66,211 SF
On-Grade Private Open
Space 2,025 SF
Above-Grade Private Open
Space 6,480 SF
Parking Required 243 Spaces
Parking Provided
Garage: 109 spaces
Covered: 28 spaces
Uncovered: 106 spaces
TOTAL: 243 SPACES
Commercial Summary
Gross Site Area
Retail: 3.34 AC
Hotel: 2.56 AC
TOTAL: 5.90 AC
Total Building Footprint
Retail: 34,300 SF
Hotel: 75,721 SF
TOTAL: 110,021 SF
F.A.R.
Retail: 0.24
Hotel: 0.68
TOTAL: 0.43
Parking Required
Retail: 106 spaces (25% Reduction)
Hotel: 102 spaces (25% Reduction)
TOTAL: 208 spaces
Parking Provided
Retail: 125 spaces
Hotel: 139 spaces
TOTAL: 264 spaces
Residential Units
Clubhouse
0.65-Acre Park
Hotel Entrance
Primary Residential Entry
Retail Anchor
Retail Shops
Retail Plaza
September 21, 2016
Prepared by:
Page 5
Residences at Five Creek — Conceptual Residential Exhibits
Figure 3, Conceptual Residential Front Elevation
Figure 2, Conceptual Residential Rendering
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
7RESIDENTIALCONCEPTUAL RENDERING -
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials
1.Stucco Body 1
2.Stucco Body 2
3.Fiber Cement Siding
4.Fiber Cement Panel
5.Metal Railing
6.Metal Awning
7.Light Fixture
8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials
1.Stucco Body 1
2.Stucco Body 2
3.Fiber Cement Siding
4.Fiber Cement Panel
5.Metal Railing
6.Metal Awning
7.Light Fixture
8.Metal Sectional Garage Door
September 21, 2016
Prepared by:
Page 6
Residences at Five Creek — Conceptual Residential Exhibits
Figure 4, Conceptual Residential Side Elevation, Left Figure 5, Conceptual Residential Side Elevation, Right
Figure 6, Conceptual Residential Rear Elevation
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials1.Stucco Body 12.Stucco Body 23.Fiber Cement Siding4.Fiber Cement Panel5.Metal Railing6.Metal Awning7.Light Fixture8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials1.Stucco Body 12.Stucco Body 23.Fiber Cement Siding4.Fiber Cement Panel5.Metal Railing6.Metal Awning7.Light Fixture8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Rear
Left
Materials
1.Stucco Body 1
2.Stucco Body 2
3.Fiber Cement Siding
4.Fiber Cement Panel
5.Metal Railing
6.Metal Awning
7.Light Fixture
8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Rear
Left
Materials1.Stucco Body 12.Stucco Body 23.Fiber Cement Siding4.Fiber Cement Panel5.Metal Railing6.Metal Awning7.Light Fixture8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials1.Stucco Body 12.Stucco Body 23.Fiber Cement Siding4.Fiber Cement Panel5.Metal Railing6.Metal Awning7.Light Fixture8.Metal Sectional Garage Door
KTGY # 2015-0742 06/30/2016
KTGY Group, Inc.
Architecture+Planning
17911 Von Karman Ave, Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA
92629
SCALE: 1 8" = 1'-0"
0 8'4'16'BUILDING B ELEVATIONS
Front
Right
Materials
1.Stucco Body 1
2.Stucco Body 2
3.Fiber Cement Siding
4.Fiber Cement Panel
5.Metal Railing
6.Metal Awning
7.Light Fixture
8.Metal Sectional Garage Door
September 21, 2016
Prepared by:
Page 7
Residences at Five Creek — Conceptual Retail Renderings
Exhibit 8, Retail Plaza Rendering
Figure 7, Grocery Rendering
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
3CONCEPTUAL RENDERING -RETAIL LABATH AVE.DOWDELL AVE.MARTIN AVE.MAJOR ASHOPS2SHOPS1HOTEL
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
2CONCEPTUAL RENDERING -RETAIL LABATH AVE.DOWDELL AVE.MARTIN AVE.
MAJOR A
SHOPS
2
SHOPS
1
HOTEL
September 21, 2016
Prepared by:
Page 8
Residences at Five Creek — Conceptual Hotel Renderings
Exhibit 10, Hotel Rendering 2
Figure 9, Hotel Rendering 1
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
5CONCEPTUAL RENDERING -HOTEL LABATH AVE.DOWDELL AVE.MARTIN AVE.
MAJOR ASHOPS2SHOPS1HOTEL
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
6CONCEPTUAL RENDERING -HOTEL LABATH AVE.DOWDELL AVE.MARTIN AVE.
MAJOR A
SHOPS
2
SHOPS
1
HOTEL
September 21, 2016
Prepared by:
Page 9
Residences at Five Creek — Conceptual Hotel Renderings
Figure 11, Hotel Rendering 3
KTGY Group, Inc.
Architecture+Planning
RESIDENCES AT FIVE CREEK
ROHNERT PARK, CA
KTGY #150742
DATE 04.05.16 17911 Von Karman Ave.
Irvine, CA 92614
949.851.2133
ktgy.com28 Monarch Bay Plaza, Suite Q
Dana Point, CA 92629
4CONCEPTUAL RENDERING -HOTEL LABATH AVE.DOWDELL AVE.MARTIN AVE.
MAJOR A
SHOPS
2
SHOPS1
HOTEL
September 21, 2016
Prepared by:
Page 10
Zoning
The Project site is zoned as “Planned Development” (PD)
as indicated in Exhibit 12, Rohnert Park Zoning Map. The
Project consists of three implementing zones: High Density
Residential (H-R), Regional Commercial (C-R), and Public
Institutional (PI). The location of these implementing districts
are depicted in Table 2 and Figure 13, Project Zoning Districts.
All developments within the Project site shall comply with
the uses, development standards, and design guidelines
applicable to developments within the implementing zoning
designations, unless specifically indicated within this Final
Development Plan booklet. The project will also comply with
all applicable California Building Code (CBC) regulations,
including all CALGreen requirements (e.g. bicycle and EV
parking). Procedures and future development applications
shall be processed as described in the City of Rohnert
Park Zoning Code and/or City of Rohnert Park established
procedures.
Figure 12, Rohnert Park Zoning Map
Residences at Five Creek — Zoning
PROJECT
SITE
Table 2, Project Intensity/Density
Implementing Zone Gross Acres Units Building Area
(sq. ft.)
High Density
Residential (H-R)6.07 135 –
Commercial-
Regional (C-R)5.9 –34,300 (retail)
132 keys (hotel)
Public Institutional
(PI)0.65 –—
TOTAL 12.62 135 34,300 (retail)
132 keys (hotel)
September 21, 2016
Prepared by:
Page 11
Residences at Five Creek — Zoning Districts
Figure 13, Project Zoning Districts
0’50’100’200’
CIVIL DESIGN CONSULTANTS, INC
September 21, 2016
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Zoning Code Variations
This section indicates deviations from the uses and
development standards identified within the City of Rohnert
Park Zoning Code, which is requested as part of the Planned
Development.
Use Deviations
All uses within the High-Density Residential (H-R) district shall
comply with the uses identified in the H-R land use category in
Section 17.06.030 of the Rohnert Park Zoning Code, except:
• Community Centers shall be permitted, and
• Large Homeless Shelters (7 or more persons) shall be
prohibited.
All uses within the Regional Commercial (C-R) district shall
comply with the uses identified in the C-R land use category in
Section 17.06.060 of the Rohnert Park Zoning Code, except:
• Animal Hospital/Veterinary Clinics shall be permitted,
• Automobile Service Stations shall be prohibited,
• Bed and Breakfast Inns shall be conditionally permitted,
• Drive-Through Windows (for all uses, including pharmacies)
shall be permitted,
• Firearm Dealers and Firearm Ammunition Dealers shall be
prohibited,
• Funeral Parlors/Mortuaries shall be prohibited,
• Large Homeless Shelters (7 or more persons) shall be
prohibited,
• Laundromats shall be permitted,
• Large Recover Facilities (7 or more persons) shall be
prohibited,
• Research and Development (Office Type Uses) shall be
permitted,
Residences at Five Creek — Zoning Code Variations
• Vehicular Dealerships/Rentals (including boats, RVs, and
farm or construction equipment) shall be prohibited, and
• Vehicular Repair (including boats) shall be prohibited.
All uses within the Public Institutional (PI) district shall comply
with the uses identified in the PI land use category in Section
17.06.160 of the Rohnert Park Zoning Code, except:
• Cemetery, Crematory, Columbarium shall be prohibited,
• Golf Course shall be prohibited,
• Homeless Shelter shall be prohibited,
• Hospital shall be prohibited,
• Medical Clinic shall be prohibited,
• Parks shall be permitted, and
• Schools (all) shall be prohibited.
Development Standard Deviations
All developments shall comply with the development
standards identified in the City of Rohnert Zoning Code,
except:
• The minimum front yard setback identified in Section
17.10.020 for the R-H district shall be 15 feet,
• The minimum front yard and corner side yard setback
identified in Section 17.10.020 for the C-R district shall be 5
feet,
• Footnote No. 14 of the Development Standard table in
Section 17.10.020 shall be updated to include private open
space of a minimum area of seventy five (75) square feet
when on ground level and/or sixty (60) square feet if equal
or greater than six feet above ground,
• Section 17.10.040.B. shall be updated to allow open,
unenclosed, uncovered balconies, landings, platforms,
patios, decks, porches, stairways, terraces, and vehicular
access drives and parking and loaded areas, no part of
which is more than four feet above the grade of the ground,
may extend into a required front yard by five feet or into
a required rear or side yard to within three feet of the
property line or the required space between the buildings,
and
• Uses within the Regional Commercial (C-R) District shall
be granted a twenty-five (25) percent reduction of the
required parking for non-residential uses, as indicated in
Section 17.16.040.A of the City of Rohnert Zoning Code.
September 21, 2016
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Design Guideline Variations
This section indicates deviations from the City of Rohnert
Park Design Guidelines for Commercial, Mixed-Use and Multi-
Family Buildings (Design Guidelines), adopted by City Council
Resolution 2012-95, which is requested as part of the Planned
Development. As shown in the previous figures, the Project
is designed as a “Modern” architectural style with varied
massing and high-quality articulation and materials. As an
interpretation of the Modern architectural style identified in
the Design Guideline document, the proposed design does
not meet all encouraged elements of said design guidelines.
Below are the variations from the Design Guidelines.
Additional Project Design Guidelines
Additional Design Guidelines for Service/Trash Enclosures
Integration of the service areas, loading docks, and trash
enclosures into the Project’s design is imperative so these
areas do not detract from the overall aesthetic. The Project
should comply with the applicable design guidelines indicated
on Page 15 of the City’s Design Guidelines. To further assist
with the screening of the Project’s loading docks, service
areas, and trash enclosures, trees may be used to help screen
these elements from view of surrounding properties.
Additional Design Guidelines for Building Massing
The streetscape, building placement, massing and facade
details will be essential to creating an aesthetically-interesting
place for pedestrian activity.
• Monolithic buildings of singular form, height, or material
should be avoided.
• Verticals roof plane breaks, changes in building height
or other accent roof forms, such as projections are
encouraged.
• Long, unarticulated blank walls without massing breaks or
material changes are highly discouraged.
Additional Design Guidelines for Facade Treatment
Buildings within the Project should have articulation along
pedestrian routes to generate scaling and visual interest.
• Architectural design should minimize blank walls, especially
when situated along streets or walkways.
• The use of stone, brick, wood, and other natural elements
are encouraged on the facade.
• Large expanses of reflective, opaque, or highly-tinted glass
are discouraged.
• Ceiling-to-floor storefront windows for retail buildings
are encouraged to help create a dynamic and interesting
streetscene.
• All facades of a building are encouraged to have windows,
doors and/or other architectural elements.
• Projections, overhangs, recessed, banding and architectural
details should be used to provide shadow, articulation and
scale to building elevations.
• Exterior materials, windows and details should be
consistent with the scale, proportion and architectural style
of the building.
• Commercial building and tenant entries should have
enhanced treatments and front onto the main pedestrian
frontage, where possible.
Section 2, Site Design Guideline Variations
Building Placement and Orientation, Guideline No. 2: All
buildings should be sited to contribute to an active street wall
and a vibrant pedestrian environment.
The retail and residential buildings will be sited as close as
possible, excluding the curves in the streets. However, the
hotel will be located in the center of the property, surrounded
by parking and landscape. Additionally, one of the tenants
anticipated for the retail area is a grocery store. The entry
for the grocery store will be towards the parking lot and no
entries will be located on the street.
Building Placement and Orientation, Guideline No. 6: On retail
developments, pad buildings should be strategically placed to
help improve the pedestrian qualities of parking dominated
shopping centers.
Pad buildings will be strategically placed; however, the shorter
facade will be oriented towards the street to allow for the
grocery tenant have the entrances and shopping cart storage
facing the parking lot and not the street.
Residences at Five Creek — Design Guideline Variations
September 21, 2016
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Landscaping, Guideline No. 2: All projects must be well
landscaped.
The Project will be well landscaped. However, not all trees
will have a height of 10 feet when planted. Some species will
be smaller. Additionally, since the Project includes multiple
components, more than one type of flowering accent tree will
be used.
Landscaping, Guideline No. 3: Landscaping should be primarily
drought tolerant.
The Project will be primarily drought tolerant. However, due
to availability of recycled water and that the area experiences
without a rain event, use of rain gardens would not be
appropriate.
Parking Lot Landscaping, Guideline No. 2: Surface parking
should include trees in parking islands.
The Project will include trees within parking islands to meet
the required one tree per four spaces. However, planters
accommodating trees will generally be along the long edge of
the parking space, rather than between facing parking spaces.
Mechanical and Roof-Mounted Equipment, Guideline No. 2: All
roof mounted mechanical equipment must be screened with
an enclosure.
The Project will screen roof-mounted equipment from public
view by using parapet walls.
Section 3, Building Design Guideline Variations
Building Massing, Guideline No. 2: Massing elements such
arcades and towers contribute to a rich building composition
The proposed Project is an interpretation of the Modern
style identified in the City Design Guideline document. The
proposed design consists of varied massing and architectural
canopies to provide shade over pedestrian promenades.
Arcades and tower are not appropriate for the proposed
architectural style.
Building Articulation, Guideline No. 2: Commercial one story
buildings should be highly articulated and have a roofscape
treatment.
The proposed retail buildings will be highly articulated and
consist of varied roofscape treatment. However, the retail
portion consists of three buildings. Each building will have
consistent articulation between its storefronts. However,
storefronts of one building will be architecturally similar (e.g.
architectural canopy), not consistent.
Multi-Family Building Massing, Page 28: Ground floor units
should have entries accessed from and raised from the street.
The proposed multifamily buildings include recessed common
entries in-between the buildings. The entry door is concealed
from street view, but is not raised from the adjacent sidewalk.
Roofs, Guideline No. 1: All roof forms should complement the
massing and articulation of the building.
The proposed roof forms for all buildings will complement the
modern massing and articulation. However, all buildings will
include varied flat roof forms with variable parapet heights.
Gable, hip and shed roof forms are not proposed.
Roofs, Guideline No. 3: Flat roofs should vary in height and use
caps, shaped parapets, barrel tiles or a cornice treatment to
create an interesting skyline.
As discussed above, the Project consists of varied flat roof
forms with variable parapet heights. Parapets will have
a minimum height of two feet, four inches. Caps, shaped
parapets, barrel tiles and cornices are not consistent with the
proposed Modern architectural style.
Roofs, Guideline No. 5: Roof drainage elements should
have consistent materials and be integrated into the overall
building façade composition.
Downspouts are proposed to be exterior mounted for all
buildings within the Project. Downspouts shall be painted
and/or treated to blend into the wall it is mounted on.
Windows, Guideline No. 2: All window frames should be
recessed from the building facade.
Window frames for the proposed Modern architectural style
will not be recessed from the face of the exterior wall.
Windows, Guideline No. 4: Window materials and type
should maintain a consistent design vocabulary and quality
throughout the building.
All window materials and type for each building within the
Project will maintain a consistent design vocabulary and
quality. However, on multi-story buildings, the windows on
the ground and upper stories will be the same size, as the
same residential unit or hotel room will be on all floors.
Residences at Five Creek — Design Guideline Variations
September 21, 2016
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Windows, Guideline No. 6: Window frames should be colored
to complement the building façade color scheme.
Clear anodized windows cannot generally be used to meet the
required Title 24 requirements. Vinyl windows in a bronze or
espresso color will be used to meet the Title 24 requirements
and complement the building’s color scheme.
Building Entries, Guideline No. 5: Door glazing should be
provided to create an inviting entry.
To provide security, residential doors will not include any
glazing. Residential entry doors are concealed from street
view.
Garage Doors, Guideline No. 3: The exterior design of garage
doors should be treated to reduce its visual impact.
Residential single-car garage doors will not consist of
any surface paneling to be consistent with the Modern
architectural style.
Building Color, Guideline No. 3: Accent colors should
complement the main building color. Accent colors may be
used for trim or to emphasize architectural details.
The proposed colors for the Project consists of a light earth-
tone base color with darker accent colors on details such as
window trim.
Section 5, Storefront Guideline Variations
Building Color, Guideline No. 3: Storefronts should be designed
with a clearly defined module.
Each building will have a defined module that has a consistent
pattern. However, each building’s module may vary as
long as they appear similar to the remainder of the retail
development.
Common Storefront Elements, Entry, Guideline No. 1:
Storefronts should have a distinctive entry.
Each storefront will have a distinctive, yet compatible entry.
Entries will generally not include differentiated paving
materials, however, they will include other features such as
architectural canopies and other elements.
Common Storefront Elements, Entry, Guideline No. 2: Doors
should contribute to creating an inviting entry.
All retail doors will contribute to creating an inviting entry. Not
all doors will include transom windows above the door. Some
doors will include a large vertical pane of clear glass that are
taller than eight feet in height, which is consistent with the
Modern architectural style.
Common Storefront Elements, Display Windows, Guideline
No. 2: Display windows should provide transparency into the
business.
Display windows will be provided for all retail tenants,
with the exception of the grocery tenant. To provide shade
protection for shoppers, architectural canopies will be used.
Common Storefront Elements, Bulkhead, Guideline No. 1:
All storefronts should include bulkheads; and Guideline No.
2: Bulkheads should be finished with high quality durable
materials that are compatible with the materials used on the
building façade.
The Project’s Modern architectural design does not include
the use of bulkheads. The storefront design includes a single
pane of glass that extends from the pad of the retail space.
Common Storefront Elements, Awnings, Guideline No. 1:
Awnings should be used to articulate the building and give
hierarchy to the storefront; Guideline No. 2: Awnings should
be placed to contribute to the pedestrian scale; Guideline No.
3: Correlate the awning placement to the storefront opening;
Guideline No. 4: Awning shapes should relate to the shape of
the opening and the building’s architecture; Guideline No. 5:
Awnings should use high quality materials; and Guideline No.
6: Awnings should accent the building’s façade.
The Project’s Modern architectural design does not include
the use of awnings. The design includes the use of different
architectural canopies on each building. Some canopies wrap
around the building, while others are only located over the
front entry. Generally, the canopies are located above the
transom windows to provide scale to the building.
Residences at Five Creek — Design Guideline Variations
September 21, 2016
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Residences at Five Creek — Circulation
Public Circulation
The project is bounded by Labath Avenue on the west,
Carlson Avenue on the north, and Dowdell Avenue on
the east. Martin Avenue also dead ends on the east
and west boundaries of the Project. These streets are
explained below and shown graphically on Figure 14,
Street Sections. A map of the existing and proposed
public circulation system is shown on Figure 15,
Circulation Plan.
Labath Avenue exists as a Public Avenue with no
median, similar to City Standard Drawing 200F. This
route also serves as a Class III Bicycle Route, and
consists of two, 12-foot travel lanes; two, 8-foot
parking lanes; and sidewalks on both sides of the
street. Dowdell Avenue was recently constructed
as part of the Fiori Estates project, just north of this
proposed project. The street was developed to be a
Public Avenue with no parking, similar to City Standard
Drawing 200F. This street includes as a Class II Bicycle
Lane, and consists of two, 12-foot travel lanes; a 14-
foot two-way left turn lane; two 5-foot Class II Bicycle
Lanes; and curb-separated sidewalks on both sides of
the street. The northern two-thirds of Carlson Avenue
were recently constructed as part of the Reserve
at Dowdell project, just northeast of the proposed
Project. The street was developed to be an Industrial
Street, similar to City Standard Drawing 200H. This
project will need to construct the remaining southern
portion of the street between Dowdell Avenue and
Labath Avenue. The street will include a Class III
Bicycle Route, consisting of two, 14-foot travel lanes;
two, 10-foot parking lanes; and sidewalks on both
sides of the street upon completion.Figure 14, Street Sections Figure 15, Circulation Plan
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September 21, 2016
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Residences at Five Creek — Circulation
Private Vehicular Circulation
On-site drive aisles will be constructed throughout the
Project site connecting the various parking lots serving
the site. The drive aisles will be a minimum of 26 feet in
width to allow enough clearance for vehicles to back out
of perpendicular parking stalls provided along the route.
The drive aisles for the hotel and retail shops will be
interconnected, allowing shared use of their parking lots.
The drive aisles serving the residential apartments will
not connect to the commercial drive aisles serving the
hotel and retail shops to provide a sense of separation
between the two types of development.
Additionally, an extension of Martin Avenue will provide
a route between Labath and Dowdell Avenues through
the Project, connecting Martin Avenue on each side of
the Project. This extension will also serve the City-owned
public facility parcel to the south. Access to the hotel
and retail shops will be provided via curb returns from
Dowdell and Martin Avenues, respectively. The westerly
curb return on Martin Avenue will be restricted to right
in and right out movements only through appropriate
striping and signage.
Access to the residential apartments will be provided by
a driveway cut on Carlson Avenue. An emergency vehicle
access (EVA) will be provided from of Labath Avenue.
Details regarding private vehicular circulation of the site
are depicted on Figure 16, Private Vehicular Circulation
Plan.
Figure 16, Private Vehicular Circulation Plan
CIVIL DESIGN CONSULTANTS, INC
Right-In, Right Out Only
September 21, 2016
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Residences at Five Creek — Circulation CIVIL DESIGN CONSULTANTS, INC
Private Pedestrian Circulation
The private pedestrian circulation for Residences at
Five Creek include an interconnected network for
residents and visitors alike. The residential circulation
includes multiple connections to the clubhouse on-
site. Pedestrians may also walk to the retail and hotel
portions of the site through the retail plaza or along
Labath or Dowdell Avenues. The retail and hotel
portions of the site also include two different travel
paths, one along Martin Avenue and the other through
the northerly portions of the retail/hotel sites. The
pedestrian circulation will also include a marked crossing
on Martin Avenue to Hinebaugh Creek.
The plan for Residences at Five Creek also includes
convenient bicycle parking facilities for residents,
shoppers, employees, and visitors that will comply with
applicable CalGreen requirements. Details regarding
private pedestrian circulation of the site and the
conceptual bicycle parking facility locations are depicted
on Figure 17, Private Pedestrian Circulation Plan.
Figure 17, Private Pedestrian Circulation Plan
September 21, 2016
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Residences at Five Creek — Preliminary Landscape Concept Plans
Figure 18, Preliminary Landscape Concept Plan
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Residences at Five Creek — Preliminary Landscape Concept Plans
Figure 19, Preliminary Park Concept Plan
September 21, 2016
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Residences at Five Creek — Water
Figure 20, Water Plan
Water
The Project will tie into the City water system to serve
domestic and fire protection demands. There are existing
water mains in the streets adjacent to the Project. Labath
Avenue contains an existing 8-inch water main, which
currently has three 8-inch lines stubbed into the project. A
12-inch water main was installed in Dowdell Avenue with
the construction of the Fiori Estates project to the north. The
water main in Dowdell Avenue connects to an existing 12-inch
main in Martin Avenue. The main in Martin Avenue ends just
outside the project limits, at the existing edge of pavement
at the westerly end of Martin Avenue. A 12-inch water main
was installed in Carlson Avenue with the construction of The
Reserve at Dowdell project to the northeast. The water main
in Carlson Avenue ties into the water main within Dowdell
Avenue. As part of the Project, the 12-inch water main in
Carlson Avenue will be extended to the existing 8-inch water
main in Labath Avenue, providing a looped water system
around the Project. See Figure 18, Water Plan for a graphic
representation of existing and proposed systems.
This project will require multiple separate water meters with
associated private water mains to serve this project. The
hotel, retail, and residential dwelling units will be metered
separately, and each of these developments will require a
separate private fire protection main to connect building fire
protection systems. If potable water is proposed for the park,
a separate water meter will also be required for the park
parcel.
Water mains serving the commercial areas and City parcel will
need to be 12-inch minimum based on an assumed fire flow
demand of 3,000 gpm. Irrigation was not considered in the
water demand estimations. It is assumed the irrigation needs
will be met with recycled water.
CIVIL DESIGN CONSULTANTS, INC
Domestic water demands are
estimated as follows:
QRESIDENTIAL= (100 gallons/person/
day)×(2.0 people/unit) ×(135
units)
QRESIDENTIAL=27,000 gpd
QHOTEL=(125 gallons/room/
day)×(133 rooms)
QHOTEL=16,625 gpd
QRETAIL=(0.112 gallons/sq. ft./
day)×(34,300 sq. ft.)
QRETAIL=3,842 gpd
QTOTAL =47,467 gpd=0.05 mgd
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Residences at Five Creek — Recycled Water
Recycled Water
The project will tie into the City recycled water system to
serve irrigation demands. There are existing recycled water
mains in the public streets adjacent to the project. Labath
Avenue contains an existing 8-inch recycled water main, with
a 4-inch lateral stubbed into the Project. Also, a 2-inch service
line currently serves irrigation needs for the existing parking
lot in the northwest corner of the project. An 8-inch recycled
water main was installed within Dowdell Avenue with the
construction of the Fiori Estates project to the north. See
Figure 19, Recycled Water Plan for a graphic representation of
existing and proposed systems.
New services will be required to serve irrigation demands for
the hotel, retail, City parcel, residential dwelling units, and the
public park. The required size of meters and services will be
determined as construction drawings are developed.
Figure 21, Recycled Water Plan
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Residences at Five Creek — Sewer
Sewer
The Project will tie into the City sanitary sewer system to
serve wastewater demands. There are existing sanitary sewer
systems in the public streets adjacent to the site. Labath
Avenue contains an existing 6-inch sanitary sewer directing
effluent in a northerly direction. Carlson Avenue has an
existing 6-inch sanitary sewer that connects into the system in
Labath Avenue. An 8-inch sanitary sewer system was installed
within Dowdell Avenue with the construction of the Fiori
Estates project to the north. This system ties into an existing
8-inch system within Martin Avenue, which flows easterly to a
trunk sewer within Redwood Drive.
Two, 6-inch sanitary sewer laterals were stubbed into the
project property from the Dowdell system as part of the
Fiori Estates project, which considered future flows from this
project site as tributary to this system. There are also a couple
of 6-inch sanitary sewer laterals stubbed into the project
from Labath Avenue. See Figure 20, Sewer Plan for a graphic
representation of the on-site sewer layout. See Figure 21, On-
Site Utility Plan for a graphic representation of existing and
proposed systems.
The design flows will be calculated per the City of Rohnert
Park Manual of Standards, Details, and Specifications. An
analysis of the Labath Avenue system shows that the existing
6-inch main is at capacity, and cannot accept additional flows
from the site. Fortunately, a similar analysis shows that the
8-inch sewer in Dowdell Avenue and Martin Avenue can
accept this additional flow.
Figure 22, Sewer Plan
CIVIL DESIGN CONSULTANTS, INC
Sewer demands are estimated as
follows:
QRESIDENTIAL= (100 gallons/person/
day)×(2.0 people/unit) ×(135
units)
QRESIDENTIAL=27,000 gpd
QHOTEL=(125 gallons/room/
day)×(133 rooms)
QHOTEL=16,625 gpd
QRETAIL=(0.112 gallons/sq. ft./
day)×(34,300 sq. ft.)
QRETAIL=3,842 gpd
QTOTAL =0.05 mgd
Accounting for the peaking
factor:
QPEAK=0.20 cfs
QI/I=(1.4 gpm/acre)×(15.25 acre)
QI/I=21.35 gpm=0.05 cfs
QDESIGN=0.25 cfs=0.16 mgd
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Figure 23, On-Site Utility Plan
Residences at Five Creek — On-Site Utilities CIVIL DESIGN CONSULTANTS, INC
September 21, 2016
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Residences at Five Creek — Stormwater
Stormwater Flood Control
The Project site is primarily undeveloped, consisting
predominately of vacant land. There is a small paved parking
lot in the northwestern corner of the site. The existing
topography is relatively fat, gently sloping westerly toward
Labath Avenue. This Project was included as a tributary to
the storm drain system within Labath Avenue, where the site
currently drains. An existing 30-inch and 36-inch storm drains
collect runoff and convey flows westerly down Martin and
Carlson Avenues, respectively. These storm drains ultimately
converge and outlet into Hinebaugh Creek.
As part of the Costco project, a new outfall to Hinebaugh
Creek was constructed. The design of this storm drain system
did not include the Project site or the Codding parcel as
tributary, thus, this system is at full capacity. The Project will
require the construction of a new system to drain on-site
runoff. This system will require a new outfall to Hinebaugh
Creek, just west of the existing Labath Avenue Bridge. The
new storm drain system will be designed to accept 15.25 acres
from the Project, the City’s parcel and the Codding parcel for a
total tributary area of 17.08 acres. See Figure 22, Storm Drain
Plan for a graphic representation of existing and proposed
storm drain systems.
The tributary area is less than one square mile, and would be
classified as a minor waterway. The storm drain system will
be designed to accommodate the 10-year storm event and
will require a 36-inch minimum diameter storm drain per the
attached Channel Report.
Figure 24, Storm Drain Plan
CIVIL DESIGN CONSULTANTS, INC
Using the Sonoma County Water
Agency (SCWA) Flood Control Design
Criteria, the approximate design flow
required to size the proposed system
– Q=CIAK
Q=flow (cfs)
C=runoff coefficient (unitless)
I=rainfall intensity for design
storm (in/hr)
A=drainage area (acres)
K=mean seasonal precipitation
factor (unitless)
As a minor waterway, the time of
concentration for the site is 7 minutes
based on times of concentration for
commercial or similar areas. Thus, the
rainfall intensity per Plate B-2:
I10=7.08/tc
0.526
I10=7.08/(7 min)0.526 or I10=2.54 in/hr
The runoff coefficient was set at 0.90
for the developed areas. Per Plate
B-3, the precipitation factor was set
to 1. Therefore, the approximate flow
needed to size the outlet is:
Q10=(0.90)×(2.54 in/hr)×(17.10
acres)×(1) or Q10=39.09 cfs
Assuming a normal flow through
a HDPE pipe (n=0.012), a 36-inch
minimum diameter storm drain is
required.
September 21, 2016
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Stormwater Quality
In addition to flood control, the City of Rohnert Park has
adopted the City of Santa Rosa and County of Sonoma Storm
Water Low Impact Design Technical Design Manual (LID
Manual, 2012) to address stormwater runoff quality and
quantity from new development and redevelopment projects.
To meet the design goal, 100% of the runoff generated from
the 85th percentile, 24-hour storm event must be captured
on-site and stored for infiltration and/or reuse.
The design goal will be met by providing gravel storage zones
under vegetated areas within the site. CalGreen requirements
will require a certain percentage of the apartment complex
to be paved with permeable materials, potentially allowing
for additional runoff storage under the parking lot. The total
volume of storage required for the project will be reduced
based on the use of pollution prevention measures such
as interceptor trees, impervious area disconnection, and
vegetated buffers. See the Preliminary Storm Water Mitigation
Plan (PSWMP) submitted with this package for details.
Grading and Phasing
The site will be developed in two phases, with the hotel,
residential apartments, and park developing first, followed
by the retail portion. Construction for the first phase of the
project is expected to take 12 months, and the second phase
of construction should be completed 6 months after. Heavy
construction equipment will be required to form the drive
aisles, parking lots, and building pads proposed throughout
the site. The Project will require the over excavation and re-
compaction of the first 2 feet of soil over the site, requiring
approximately 40,800 cubic yards of earthwork. This
earthwork will be balanced on-site. See Figure 23, Conceptual
Grading Plan for the proposed on-site grading. See Figure 24,
Phasing Plan for the Project’s phasing.
Residences at Five Creek — Stormwater and Grading CIVIL DESIGN CONSULTANTS, INC
Figure 25, Conceptual Grading Plan
September 21, 2016
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Residences at Five Creek — Financing
0’50’100’200’Figure 26, Phasing Plan
Financing
It is anticipated that the developer will fund all construction
within the Project site, and will contribute through the City of
Rohnert Park Public Facilities Finance Plan for the funding of
off-site services. These fees will also include school mitigation
fees, park fees, sewer and water connection fees, storm drain
fees, engineering plan check fees, grading plan and permit
fees, building plan and permit fees, affordable housing in-
lieu fees, and area-wide impact fees. Frontage improvements
along Dowdell Avenue – including sidewalk and landscaping –
are eligible for reimbursement from the City as a credit to fees
as established by the Public Facilities Finance Plan.
CIVIL DESIGN CONSULTANTS, INC
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ADOPTED PER CC RESOLUTION NO. 2017-__
Conditions of Approval
Residences at Five Creek Project
The conditions below shall apply to the Residences at Five Creek Project within the
Stadium Area Master Plan (SAMP). All conditions run with the land and apply to all
development within the Residences at Five Creek project area (APN: 143-040-124),
unless otherwise noted.
General Conditions
1. All applicable provisions of the City of Rohnert Park Municipal Code, and as subject
to the Residences at Five Creek Development Agreement (DA) approved by
Ordinance No. ---, are made a part of these conditions of approval in their entirety, as
if fully contained herein.
2. The violation of any condition listed herein shall constitute a nuisance and a violation
of the City of Rohnert Park Municipal Code (RPMC). In conformity with Chapter
1.16 of the City of Rohnert Park Municipal Code, a violation of the City of Rohnert
Park Municipal Code may be an infraction or a misdemeanor and shall be punishable
as provided by law. In addition to criminal penalties, the City may seek injunctive
relief. The Applicant agrees to pay for all attorney’s fees and costs, including, but not
limited to, staff time incurred by the City in obtaining injunctive relief against the
Applicant as a result of a failure of the Applicant to fully perform and adhere to all of
the Conditions of Approval.
3. The Applicant agrees to defend, indemnify, hold harmless and release the City of
Rohnert Park, its agents, officers, attorneys and employees from any claim, action or
proceedings brought against any of the above, the purpose of which is to attack, set
aside, void, or annul the approval of this application or certification of the
environmental document which accompanies it. This indemnification obligation shall
include but not be limited to, damages, costs, expenses, attorneys’, or expert witness
fees that may be asserted by any person or entity, including the Applicant, whether or
not there is concurrent passive or active negligence on the part of the City, its agents,
officers, attorneys or employees.
General Project Conditions
4. By accepting the benefits conferred under the Residences at Five Creek Project, the
Applicant acknowledges all the conditions imposed and accepts the development
subject to those conditions. The use of the property by the Applicant for any activity
authorized by the project approvals shall constitute acceptance of all of the conditions
and obligations imposed by the City. The Applicant by said acceptance waives any
challenges as to the validity of these conditions.
5. Each phase of development shall be designed, approved and installed to be consistent
with the overall buildout of the Residences at Five Creek Final Development Plan, the
Stadium Lands P-D Zoning District, the RPMC and the City of Rohnert Park General
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Plan. The Residences at Five Creek Project shall comply with all applicable
mitigation measures established in the Environmental Impact Report (EIR) adopted in
2008 for the Stadium Area Master Plan (SCH # 2005042111) and the Mitigated
Negative Declaration (SCH# 2016112026) (MND) prepared for the Residences at
Five Creek Project specifically. Projects implementing the Final Development Plan
and each development phase shall also comply with the implementation, monitoring
and reporting requirements for each mitigation measure established in the Mitigation
Monitoring Program adopted with the EIR and the MND. Costs of implementing and
monitoring the mitigation measures shall be borne by the Applicant and any
successors-in-interest.
6. A community facilities district or other funding mechanism approved by the City
Attorney shall be formed by the Applicant encompassing the residential portion of the
project in order to provide $800/year/residential unit and offset the impacts on the
city’s General Fund.
Project Design Conditions
7. Prior to any new construction, the Applicant shall apply for and receive Site Plan and
Architectural Review (SPAR) approval from the Planning Commission as required by
the City of Rohnert Park Municipal Code.
8. The project applicant shall incorporate the following GHG reduction measures into
the project design:
Compliance with the applicable Title 24 energy efficiency standards at the time of
development. At a minimum, compliance with the 2016 Title 24 standards
Compliance with state and/or local green building standards. At a minimum,
implementation of CALGreen Tier 1 standards
Installation of high efficiency LED lights in outdoor areas
Participation in a Transportation Demand Management Program
Improvement the pedestrian network and implementation traffic calming
measures throughout the project
Diversion of solid waste diversion consistent with AB 341
Inclusion of shade canopies over parking lots, where appropriate and feasible
Provision of information regarding transit availability to residents and employees
Provision of carpool and/or car sharing parking spaces
Provision of electric vehicle parking
Compliance with the City bicycle master plan and provision of at least 34
bicycled parking spaces for the residential units, 9 bicycled parking spaces for the
hotel and 8 bicycled parking spaces for the retail space.
9. Landscaping shall be constructed in accordance with the State’s Model Water
Efficient Landscaping Ordinance (MWELO), or in accordance with water
conservation standards which meet or exceed the requirements of the MWELO. The
Applicant shall submit a landscaping and irrigation plan that identifies landscape
material types and locations, irrigation, water usage calculations, and other
information as required. The plan shall be submitted and reviewed by the
Development Services Department with each phase of the project. All costs for
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review of the requirements of the MWELO shall be borne by the Applicant. All
landscaping and irrigation subject to the MWELO shall be substantially complete
prior to the issuance of a Certificate of Occupancy.
Public Safety Conditions
10. Prior to the issuance of a building permit, the Applicant shall submit a fire hydrant
location plan to the Fire Marshal for review and approval. The Applicant shall make
provisions for the repair and maintenance of the system in a manner meeting the
approval of the Fire Marshal. Fire hydrants must be in place and fully operational
within 150 feet of any construction site before the delivery of any combustible
materials to that site. Contact the Fire Prevention Bureau for a clearance memo.
11. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a
fully functional system with blue reflective pavement markers indicating the hydrant
locations on the street as approved by the Fire Marshal. The property owners must
maintain the blue reflective pavement markers in good condition and the maintenance
requirement shall be included in the CC&Rs for the Planned Development.
12. Fire sprinklers and alarm systems are required for all structures.
13. All properties shall be clearly marked with lighted address numbering on the front of
each unit and on both front and rear of the units having rear alley access; rear
addressing shall include the street name utilizing street signage in conformance with
Design Standards. A complex directory shall be erected at each entry to the
development. Details of the directory shall be submitted for review and approval by
the Fire Marshal.
14. Fire Apparatus Access Roads and Fire Lanes must be fully identified with signage
and/or curb markings as approved by the Fire Marshal.
15. Graffiti shall be removed from all structures (such as exterior building walls,
retaining walls, noise attenuation walls, utility poles and boxes) within 24 hours of
discovery at the expense of the owner or property manager. This provision shall be
included in the CC&Rs.
16. Each development phase or portion of a phase shall indicate building type, size, and
construction features. Plans shall be reviewed by the Public Safety Department for
fire and life safety requirements such as: fire flow, fire hydrants, fire sprinklers, fire
department connections, alarm systems, smoke control systems, public-safety, radio
amplification systems, gates, egress, and exiting. Such plans will be reviewed and
commented on for individual blocks and buildings.
17. Prior to issuance of a grading permit, the Applicant for each development phase shall
submit a Phase II Environmental Site Assessment covering any areas of known
concern identified in the Phase I Environmental Site Assessment.
18. Prior to issuance of a Certificate of Occupancy, the Applicant shall provide plans or
identify measures to comply with standard procedures for implementing the
California Fire Code and nationally recognized standards in the use of any
combustible and flammable liquids, aboveground or underground storage of such
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materials, welding and potential spark production, and building occupancy rating in a
manner meeting the approval of the Fire Marshal.
19. Prior to the issuance of a building permit, the Applicant shall submit to the Fire
Marshal a list of all hazardous, flammable and combustible liquids, solids or gases to
be stored, used or handled on site. These materials shall be classified according to the
California Fire Code, and the information the Applicant submits to the Fire Marshal
shall include a summary listing of the totals for storage and use for each hazard class.
Prior to the issuance of a building permit, the Applicant shall also complete and
submit to the Fire Marshal a copy of a "Hazardous Materials Inventory Statement and
Hazardous Materials Business Plan" packet.
20. Applicant/operator shall store, manifest, transport, and dispose of all onsite generated
waste that meets hazardous waste criteria in accordance with California Code of
Regulations Title 22 and in a manner to the satisfaction of the Sonoma County
Environmental Health Department and Emergency Services Department. Applicant
shall keep storage, transportation, and disposal records on site and open for inspection
to any government agency upon request.
Grading and Improvement Plan Requirements
21. All improvements shall be designed in conformance with: the City of Rohnert Park,
Manual of Standards, Details and Specifications in effect at the time of development;
the Residences at Five Creeks Final Development Plan; and the conditionally
approved tentative map for the Residences at Five Creeks.
22. The Project benchmark shall be based on a City approved USGS benchmark.
23. Mailbox plans and locations shall be approved by the Rohnert Park Postmaster prior
to improvement plan approval. The applicant shall provide a letter and exhibit
showing mailbox locations from the Rohnert Park Postmaster approving mailbox
locations.
24. The applicant shall submit a geotechnical study conducted by an engineer licensed in
the State of California and qualified to perform soils work, or a California Certified
Geologist and acceptable to the City. Recommendations shall be provided, as
necessary, to prevent damage to Project facilities and compliance with these
recommendations shall be required as a condition of development at the Project site.
The grading and improvement plans shall incorporate the recommendations of the
approved geotechnical study. This geotechnical study shall at a minimum evaluate the
following:
a. The liquefaction potential at the Project site.
b. The location and extent of expansive soils at the Project site, including
recommendations regarding the treatment and/or remedy of on-site soils, and the
structural design of foundations and underground utilities.
c. Seismic safety including recommendations regarding the structural design of
foundations and underground utilities.
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Grading Plan Requirements
25. The grading plan shall be prepared by a Registered Civil Engineer, licensed in the
State of California and shall be submitted for review and approval by the City
Engineer.
26. The grading plan shall clearly show all existing survey monuments and property
corners and shall state that they shall be protected and preserved.
27. All existing wells, septic tanks and/or underground fuel storage tanks shall be
abandoned under permit and inspection of Sonoma County Environmental Health or
other designated agency. If there are none, the project engineer shall provide a letter
describing the scope of the search done to make this determination.
Improvement Plan Requirements
28. The improvement plans shall be prepared by a Registered Civil Engineer, licensed in
the State of California, shall be submitted for the review and approval of the City
Engineer.
29. The improvement plans shall illustrate public street frontage improvements, grading,
paving, utilities, and drainage structures to be built, lighting and trash collection. The
improvements plans shall include parking lots, street and utility information including
all concrete curb and gutter, sidewalk, street lights, striping and signing, paving,
water lines, storm drain lines and sewer lines as necessary, erosion control and any
necessary transitions.
30. The improvement plans shall illustrate how each lot shall be provided with
improvements consistent with the tentative map.
31. Improvements plans shall include an erosion control (winterization) plan. The plan
must include an order of work and staging/scheduling component indicating when
facilities must be installed and when they may be removed. A separate Rain Event
Action Plan (REAP) shall be required and prepared as part of the Storm Water
Pollution Prevention Plan (SWPPP). A copy of the REAP shall be kept on-site
throughout the duration of construction activities.
32. The Improvement Plans shall include the following required notes:
a. "Any excess materials shall be considered the property of the contractor and shall
be disposed of away from the job side in accordance with applicable local, state
and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling noise,
odors, dust and debris to minimize impacts on surrounding properties and
roadways. Contractor shall be responsible that all construction equipment is
equipped with manufacturers approved muffler's baffles. Failure to do so may
result in the issuance of an order to stop work."
c. "If at any time during earth disturbing activities a concentration of artifacts or a
cultural deposit is encountered, work shall stop in the immediate area and the
construction manager shall contact the City and a qualified archeologist.”
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d. “If human remains are encountered anywhere on the project site, all work shall
stop in the immediate area and the construction manager shall contact the City,
the County Coroner and a qualified archeologist.”
e. “If paleontological resources or unique geologic features are encountered during
construction, all work shall stop in the immediate area and the construction
manager shall contact the City and a qualified paleontologist.”
f. "Construction work hours shall be consistent with the Rohnert Park Municipal
Code, Noise Ordinance.
g. "All existing overhead utilities (of 26,000 volts or less) and proposed utilities,
both on-site and along project frontages, shall be placed underground. This does
not include surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets."
h. "If hazardous materials are encountered during construction, the contractor will
halt construction immediately, notify the City of Rohnert Park, and implement
remediation (as directed by the City or its agent) in accordance with any
requirements of the North Coast Regional Water Quality Control Board."
i. "The contractor(s) shall be required to maintain traffic flow on affected roadways
during non-working hours, and to minimize traffic restriction during construction.
The contractor shall be required to follow traffic safety measures in accordance
with the Cal Trans "Manual of Traffic Safety Controls for Construction and
Maintenance Work Zones." The City of Rohnert Park emergency service
providers shall be notified of proposed construction scheduled by the contractor(s)
in writing and at least 24 hours in advance of its proposed schedule of work."
Site Civil and Landscape Plans
33. The improvement plans shall include Street Signing and Pavement Marking Plan for
review and approval by the City Engineer. Striping, pavement markings and traffic
signage shall be provided on all streets as necessary and as required by the City
Engineer. Speed limit signs shall be installed at locations determined by the City
Engineer.
34. The improvement plans shall include an all-way stop at the intersection of Martin
Avenue and Dowdell Avenue.
35. The striping plan shall include restriping of Martin Avenue to include dual westbound
lanes between the Costco driveway and Dowdell Avenue, with the outer through lane
becoming a right-turn lane at the Dowdell Avenue intersection.
36. The street cross-sections shown on the tentative map are hereby acceptable as
alternatives to following existing city standards:
a. The proposed Public Avenue, Labath Avenue is conceptually acceptable and
considered consistent with City Standard STD-200F.
b. The proposed Public Avenue, Dowdell Avenue is conceptually acceptable and
considered consistent with City Standard STD-200H.
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c. The proposed Industrial Street, Carlson Avenue is conceptually acceptable and
considered consistent with City Standard STD-200H.
37. Sidewalk warps shall be provided to allow a clear five foot walkway at all locations,
including areas where mailboxes, streetlights, street signs and fire hydrants are to be
installed.
38. One-inch chases shall be installed to all parkway strips from adjacent parcels to allow
for the installation of irrigation lines in the future.
39. For streets along established bus routes, improvement design shall be coordinated
with Sonoma County Transit Agency.
40. The improvement plans shall illustrate handicap ramps and parking as required by
State of California Title 24.
41. Driveway entrances shall be designed to meet the requirements of the City Standards
and the City Engineer. All driveways shall be per City standards for commercial
developments.
42. Street lighting shall be designed in accordance with City of Rohnert Park and PG&E
requirements. Street light design, spacing, and locations shall be approved by the City
Engineer. Electrical service points shall be shown on the plans based on PG&E
provided locations.
43. Landscape plans shall be submitted with the civil improvement plans. Sidewalk
alignment shall be shown on both the civil and landscape plans.
44. The existing rock-lined bio-swales in the public right-of-way along the Dowdell
Avenue frontage shall be landscaped. Any trees planted in or near the bio-swale area
may not interfere with the storm drain pipes located in the swales.
45. Site design shall include pedestrian pathways and crossings connecting onsite activity
centers.
46. The improvement plans shall show bicycle racks on-site in accordance with City
Standards, which require individually mounted inverted-U-shaped racks. The number
of bicycled parking spaces shall be consistent with the MND.
47. The site design shall include adequate fire lanes and other emergency facilities as
determined by Department of Public Safety including any NO PARKING lanes,
turnarounds, or other features as required by the Rohnert Park Department of Public
Safety.
48. The improvement plans for Carlson Avenue shall include fencing and landscaping
along the northerly side of Carlson Avenue to screen the KRCB property (APN 143-
040-133). The landscaping and fencing shall be coordinated with a similar screening
feature facing Dowdell Avenue.
Hydrology, Storm Water and Storm Drain
49. The applicant shall submit to the City of Rohnert Park for review and approval,
drainage plans, hydrologic, and hydraulic calculations pipe sizing and storm drain
plans prepared by a Registered Civil Engineer licensed in the State of California. The
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drainage plans and calculations shall indicate the following conditions before and
after development:
a. A site-specific hydrology and drainage study acceptable to the City showing the
increase in storm water runoff that would result from development of the Project
site.
b. Quantities of water, water flow rates, drainage areas and patterns and drainage
courses.
c. Hydrology shall be per current Sonoma County Water Agency Standards.
50. The improvement plans shall reflect the results of the hydraulic study. The storm
drain system shall be designed to meet the requirements of the Sonoma County Water
Agency Flood Control Design Criteria (latest revision), specific to the Project and
these conditions.
51. The improvement plans shall incorporate features and design such that there shall be
no net change in the storm water peak in the 85% - 24 hour storm event.
52. The applicant shall prepare and implement a site specific storm water pollution
prevention plan acceptable to the City that identifies best management practices for
effectively reducing discharges of storm water containing sediment and construction
wastes resulting from site construction activities. The applicant shall comply with all
other requirements set forth in City’s stormwater permit.
53. The improvement plans shall be in conformance with the City of Santa Rosa and
Sonoma County Storm Water Low Impact Development Technical Design Manual
(latest edition). The plans shall be in general conformance with the Preliminary Storm
Water Mitigation Plan for The Residences at Five Creek, prepared by Civil Design
Consultants, Inc., July 2016. The final improvement plans shall include a tributary
area map showing how each portion of the site is directed to a treatment measure.
54. Discharge of runoff onto pavement should be avoided.
55. The improvement plans shall include storm drainage improvements to remove oil and
grease from discharges from parking lots, including directing runoff to vegetated
swales or areas, consistent with best management practices (BMPs).
56. The site plans shall show all private storm drains serving adjacent property (ies) and
those storm drains shall be contained within private storm drain easements in favor of
adjacent property (ies).
57. The applicant shall be responsible for obtaining all approvals, permits and other
entitlements for installation of proposed new storm drain outfalls discharging into
creeks.
58. Proposed public storm drains shall have a minimum diameter of 15 inches.
59. All project related flooding impacts shall be mitigated by the project applicant.
Drainage improvements shall be designed by a Civil Engineer registered in the State
of California in accordance with the Sonoma County Water Agency's Flood Control
Design Criteria. Public and private drainage improvements shall be shown on the
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improvement plans and shall be approved by the Sonoma County Water Agency
(SCWA) prior to approval by the City Engineer.
60. No lot to lot drainage is allowed. No concentrated drainage may discharge across
sidewalks. All site drains must be connected to the public storm drain system, or
discharged through the face of curb or to an established waterway. A minimum of
two curb drains will be required to drain residential lots.
61. Plans and certifications shall demonstrate compliance of all improvements, including
building pads and finished floor elevations, with the City's Flood plain Ordinance, to
the satisfaction of the Building Official and City Engineer. Pad elevations shall be
constructed at a minimum of 1 foot above the 100-year Floodplain as determined by
the City and certified by the project engineer.
62. Site drainage design must include facilities for the containment of recycled water
runoff due to over irrigation, system leakage or control failure.
Water System Requirements
63. The water system improvement plans shall be accompanied by a hydraulic model run,
or alternative form of calculation, demonstrating that the fire flows and pressures
required for the project, including the hotel and retail elements, can be achieved with
the proposed water system improvements. These calculations are subject to the
approval of the City Engineer and Fire Marshall.
64. The improvement plans shall show backflow prevention devices in accordance with
the requirements of the City of Rohnert Park's Backflow Prevention Ordinance.
65. The applicant shall indicate in writing to the City of Rohnert Park the disposition of
any water well(s) and any other water that may exist within the site. All wells shall be
abandoned, properly sealed, and destroyed in accord with State of California Health
Department Requirements.
66. Each individual multifamily and/or commercial unit shall be sub-metered off a master
City water meter.
67. The improvement plans shall show water services to the building. All water meters
shall be located within the right-of-way unless otherwise approved by the
Development Services Department. The improvement plans shall show fire protection
in accordance with the requirements of Rohnert Park Fire Department.
68. The improvement plans shall show hydrants placed per the direction of the Rohnert
Park Fire Division.
69. The improvement plans shall include a note that states "All hydrants shall be covered
with bags indicating that the hydrant is not active until flow tests are completed by
the City and the hydrants are approved."
Sewer System Requirements
70. The improvement plans shall show any existing septic systems on the property and
state they shall be abandoned in accordance with the requirements of the Sonoma
County Public Health Service.
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71. The improvement plans shall illustrate any grease traps required for commercial
kitchen or restaurant facilities in accordance with the requirements of the Santa Rosa
Subregional System and the City of Rohnert Park Design Standards.
72. Sanitary sewer connections shall be provided to the floor sump in all trash dumpster
enclosures.
73. A sanitary sewer application shall be submitted to the Development Services for
review and approval. Application shall indicate the type of discharge proposed.
74. The improvement plans shall show that all manholes shall be provided with a gasket.
75. Sewer grades must be designed such that ultimate finished floors are a minimum of
12" above upstream manhole or clean-out rim elevations
Recycled Water System Requirements
76. The improvement plans shall show recycled water use for irrigation. A booster pump
may be needed.
77. The recycled water system improvements shall be designed in accordance with the
City of Santa Rosa’s Recycled Water Users Guide, the City of Santa Rosa and City of
Rohnert Park standards, Title 22 of the California Code of Regulations and the
requirements of the North Coast Regional Water Quality Control Board.
78. All recycled water mains, service laterals, plumbing, valves, pipes, appurtenances,
irrigation parts, vaults and boxes must be purple. Recycled water notification signs
shall be installed as directed by the City Engineer. Recycled water spray, mists and
ponding must not be present in any designated eating area. All drinking fountains
must be positioned or shielded to eliminate any exposure to recycled water sprays or
mists.
79. Recycled water/potable water dual plumbing design and layout, construction-
installation and final inspection review for individual lots or grouping of lots must be
performed by an AWWA certified Cross Connection Specialist and all deficiencies
must be corrected at the applicant’s expense. Written reports of the Cross Connection
Specialist's finding must be submitted to and approved by the City.
Dry Utility System Requirements
80. Utility plans within existing or proposed public right-of-way for electric, gas,
telephone, cable and fiber optic (joint trench) shall be submitted to the City Engineer
for review. All above-ground structures shall be specifically approved by the Director
of Development Services.
81. Improvement plans shall show that all utility distribution facilities, including any
existing overhead utilities (of 26,000 volts or less) along the project frontage, shall be
placed underground or removed, except surface-mounted transformers, pedestal
mounted terminal boxes, meter cabinets, fire hydrants and street lights. Appropriate
easements shall be provided to facilitate these installations.
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Prior to the Issuance of Grading Permits and/or Improvement
Agreements
82. Prior to the issuance of the first grading permit, the applicant shall post a cash deposit
of $62,995, as set forth in the Offsite Public Improvement and Fee Credit Agreement
and Termination and Supersession of Deferred Improvement Agreement between the
City of Rohnert Park and the Reserves LLC for Carlson Avenue (referred to as
“Carlson Court”) and entered into as of May 21, 2015. Alternatively, the Developer
may provide City with proof of payment to Reserves LLC.
83. No construction activity may commence until the applicant has demonstrated to the
City that it has filed a Notice of Intent to comply with the Terms of General Permit to
Discharge Storm Water Associated with Construction Activity (NOI) with the State
of California Water Resources Control Board.
84. The applicant shall secure an encroachment permit from the City prior to performing
any work within the City right of way or constructing a City facility within a City
easement.
85. The applicant shall secure a letter from Sonoma County Transit Agency indicating the
acceptability of proposed transit stops.
86. If the site will require import or export of dirt, the applicant shall submit in writing
the proposed haul routes for the trucks and equipment. The haul routes must be
approved by the City prior to import/export work commencing.
87. For a grading permit, the applicant shall secure an approval of a grading plan
prepared by a Registered Civil Engineer licensed in the State of California, pay all
required fees and post sufficient surety guaranteeing completion.
88. For Improvement Agreements, the applicant shall secure approval of the
improvement plans prepared by a Registered Civil Engineer licensed in the State of
California and pay all required fees, shall enter into an Improvement Agreement
guaranteeing completion within 24 months and shall post sufficient surety
guaranteeing completion.
89. Prior to the issuance of the improvement agreement that includes the Hinebaugh
Creek outfall pipeline, the applicant shall demonstrate that it has obtained permits
from all applicable regulatory agencies, including but not limited to, Regional Water
Quality Control Board, State Department of Fish and Game, and the US Fish and
Wildlife Service.
Prior to the Issuance of the First Building Permit
90. The Final Parcel Map shall be approved.
91. The applicant shall provide pad certifications for the site on which the building permit
is requested.
92. By payment of its PFFP fees, the project proponent shall fulfill the environmental
mitigation requirement to participate in funding a traffic signal at Redwood
Drive/Business Park Drive intersection.
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93. By payment of its PFFP fees project, the project proponent shall fulfill the
environmental mitigation requirement to participate in funding a right-tum overlap on
the westbound Rohnert Park Expressway approach.
94. The applicant shall provide proof of payment of any impact fees required by the
school district that serves the property.
95. The applicant shall demonstrate adequate fire flows for the project to protect
combustible construction in accordance with the Municipal Code and to the
satisfaction of the City’s Fire Marshall.
96. The applicant shall have constructed adequate (a minimum of rocked) fire access for
the site.
97. If necessary, the applicant shall provide the city with signed deeds for all on-site and
off-site rights-of-way and easements; or the project proponent shall execute the
standard city contract for real property acquisition and deposit the estimated
acquisitions costs into a city trust account, and the project proponent shall formally
request and the city council approve a resolution of intent to use its powers of
condemnation to acquire the rights-of-way and/or easements.
98. The applicant shall implement the following CALGreen requirements:
a. Review page 4 Residential and Commercial Summary Table and identify the
location of the features listed on page 18 figure 17.
b. For the residential project provide electric vehicle and bicycle parking (A4.106.8
Electric vehicle (EV) charging and A4.106.9 Bicycle parking).
c. For non – Residential projects, provide bicycle parking, designated parking for
fuel efficient vehicle and electric vehicle supply wiring (5.106.4 Bicycle parking,
A5.106.5.1.1 Designated parking for fuel-efficient vehicles, and A5.106.5.3
Electric vehicle supply wiring).
d. Provide addition CalGreen implementation as required by the project MMRP.
During Construction
99. All construction shall conform to the City's most current Manual of Standards,
Details, and Specifications latest edition, all City Ordinances and State Map Act and
the approved plans.
100. The applicant shall complete all water and wastewater improvements, including
pressure and bacterial testing and raising manholes and cleanouts to grade prior to
connection of any improvements to the City water or wastewater systems.
101. If any hazardous waste is encountered during the construction of this project, all
work shall be immediately stopped and the Sonoma County Environmental Health
Department, the Fire Department, the Police Department, and the Development
Services Inspector shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies.
102. Prior to final preparation of the sub-grade and placement of base materials, all
underground utilities shall be installed and service connections stubbed out behind the
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sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines, shall be
installed in a manner which will not disturb the street pavement, curb, gutter and
sidewalk, when future service connections or extensions are made.
103. Prior to placing the final lift of asphalt, all public sanitary sewer lines shall be
video inspected at the expense of the contractor/applicant. All video disks shall be
submitted to the City. If any inadequacies are found, they shall be repaired prior to
the placement of the final lift of asphalt.
104. The applicant shall be responsible to provide erosion and pollution control in
accordance with the approved plans and permits.
105. The applicant shall keep adjoining public streets free and clean of project dirt,
mud, materials, and debris during the construction period.
106. If grading is to take place between October 15 and April 15, both temporary and
permanent erosion control measures, conforming to the project erosion control plans
shall be in place before October 1st. Erosion control measures shall be monitored and
maintained continuously throughout the storm season.
107. The following minimum Best Management Practices (BMPs) shall be required
during construction:
a. Construction crews shall be instructed in preventing and minimizing pollution on
the job.
b. Construction entrances/exits shall be stabilized to prevent tracking onto roadway.
c. Exposed slopes shall be protected rom erosion through preventative measures.
d. Use brooms and shovels when possible to maintain a clean site
e. Designate a concrete washout area. Maintain washout area and dispose of
concrete waste on a regular basis.
f. Establish a vehicle storage, maintenance, and refueling area.
g. Protect drain inlets from receiving polluted storm water through the use of filters
such as fabrics, gravel bags or straw wattles.
h. Have necessary materials onsite before the rainy season.
i. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular
basis and replace as necessary, through the entire course of construction.
j. All construction implementation measures as outlined in the MMRP.
108. Where soil or geologic conditions encountered in grading operations are different
from that anticipated in the soil and/or geologic investigation report, or where such
conditions warrant changes to the recommendations contained in the original soil
investigation, a revised soil or geologic report shall be submitted for approval by the
City Engineer. It shall be accompanied by an engineering and geological opinion as to
the safety of the site from hazards of land slippage, erosion, settlement, and seismic
activity.
14
109. The Project shall comply with the City's Municipal Code, including hours of
construction. All construction equipment shall be adequately muffled and properly
tuned in accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper condition
prior to operation.
110. Hours of work shall be limited to between 8 a.m. to 6 p.m. Monday through
Friday. Work on Saturday or Sunday will only be permitted with written permission
from the City. Requests for extended hours must be submitted 72 hours in advance.
111. Throughout the construction of the project, dust control shall be maintained to the
satisfaction of the City, including all measures in the MMRP and the contractor shall
be responsible to implement reasonable measure to cure any problems that may
occur. At a minimum the dust control measures will include:
Cover all trucks hauling construction and demolition debris from the site.
Water on a continuous as-needed basis all earth surfaces during clearing,
grading, earthmoving, and other site preparation activities.
Use watering to control dust generation during demolition of structures or
break-up of pavement.
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all unpaved parking areas and staging areas.
Sweep daily (with water sweepers) all paved areas and staging areas.
Provide daily clean-up of mud and dirt carried onto paved streets from the
site.
Renovation, demolition activities, removal or disturbance of any materials
that contain asbestos, lead paint or other hazardous pollutants will be
conducted in accordance with BAAQMD rules and regulations.
Properly maintain all construction equipment.
For construction sites near sensitive receptors (or if residential development
occurs prior to commencement of commercial development):
Install wheel washers for all existing trucks, or wash off the tires or tracks
of trucks and equipment leaving the site.
Suspend dust-producing activities during periods when instantaneous gusts
exceed 25 mph when dust control measures are unable to avoid visible dust
plumes.
Limit the area subject to excavation, grading and other construction or
demolition activity at any one time.
For sites greater than four acres:
Apply soil stabilizers to previously graded portions of the site inactive for
more than ten days or cover or seed these areas.
Water or cover stockpiles of debris, soil, sand, or other materials that can
be blown by the wind.
Limit traffic speeds on unpaved roads to 15 mph.
Replant vegetation in disturbed areas as soon as possible.
112. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the California
15
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage regarding idling restrictions shall be provided for
construction workers at all access points.
113. The prime construction contractor shall post a publicly visible sign with the
telephone number and person to contact at the construction site and at the City of
Rohnert Park regarding dust complaints. The prime construction contractor shall
respond and take corrective action within 48 hours. The Air district's phone number
shall also be visible to ensure compliance with applicable regulations.
114. Construction firms shall be required to post signs of possible health risk during
construction. The developer is responsible for compliance with the BAAQMD rule
regarding cutback and emulsified asphalt paving materials. In addition, the
construction contractors will implement a plan to use newer construction equipment
that meets the NOx emissions standard of 6.9 grams per brake-horsepower hour for
work constructed within 200 feet of residences.
115. The project applicant shall ensure that construction contract specifications include a
requirement that all off-road diesel-powered construction equipment used for project
development with engines greater than 50 horsepower be equipped with a Level 3
Verified Diesel Emissions Control (VDEC).
116. If the existing city streets are damaged during construction, the
contractor/applicant shall be responsible for repair at no cost to the city.·
117. If, during construction, the contractor damages any existing facilities on the
neighboring properties (i.e. fences, gates, landscaping, walls, etc.) contractor shall be
responsible to replace all damaged facilities.
Prior to Occupancy
118. All streets and sidewalks shall be paved, all public utilities installed, all signage
relating to traffic control (stop signs, etc.) and all streetlights must be operational.
119. All water system improvements necessary to provide fire flows and pressures
shall be installed an operational
120. All improvements shown in the improvement plans deemed necessary for the
health, safety and welfare of the occupant and general public shall be completed.
121. The applicant shall have entered into the City’s standard Master Maintenance
Agreement with the City to address long term maintenance of, among other things,
the stormwater BMPs.
122. The applicant shall have entered into the City’s standard Recycled Water
Agreement, designate site supervisor(s) and undertake any other activities necessary.
123. The applicant shall have completed the formation of a community facilities
district or other maintenance and services funding district to discharge the
$800/year/unit obligation for the residential development.
16
124. The applicant shall demonstration that it has purchased and retired voluntary
carbon offsets on the Climate Action Reserve (CAR), CAPCOA Greenhouse Gas
Reduction Exchange (GHG Rx), or other verified carbon registry, in order to reduce
the project’s emissions to below the Bay Area Air Quality Management District
threshold of significance of 4.6 MT CO2E per service population per year. This shall
include providing the Bay Area Air Quality Management with a certificate of
purchase, verification opinion statement, and proof of offset retirement by the
verification body from which the carbon offsets were purchased.
Prior to Acceptance of Public Improvements
125. All improvements shown on the Improvement Plans shall be completed.
126. All existing curb, gutter and sidewalk to remain shall be inspected by the City.
Any curb, gutter and sidewalk which is not in accord with City standards or is
damaged before or during construction, shall be replaced.
127. The applicant shall provide a written statement signed by his or her engineer
verifying that the grading and/or drainage improvements are completed in accordance
with the plans approved by the Sonoma County Water Agency, the City Engineer,
and the Building Official.
128. A complete set of As-Built or Record, improvement plans on the standard size
sheets shall be certified by the Civil Engineer licensed in the State of California and
returned to the City Engineer's office prior to final acceptance of the public
improvement. These shall show all constructive changes from the original plans
including substantial changes in the size, alignment, grades, etc. during construction.
129. Approved Record Drawings shall be provided to the City geo-referenced in
Autocad DWG and & PDF File formats.
1
Ord. 903
ORDINANCE NO. 903
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING
OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK
AND STADIUM RP DEVELOPMENT PARTNERS, LLC, FOR DEVELOPMENT OF
THE RESIDENCES AT FIVE CREEK PROJECT (APN 143-040-124)
WHEREAS, Government Code § 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 necessary public improvements required by development; and
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use
Permit), and a Development Agreement and Planning Application No. PLEN 2016-0003 for the
related certification of a Mitigated Negative Declaration (“MND”) and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel located
at 5900 Labath Avenue, APN 143-040-124 (the “Project”), in accordance with the City of Rohnert
Park Municipal Code (“RPMC”); and
WHEREAS, MJW Investments, LLC, executed an Assignment Agreement on May 17,
2016 and assigned all of its rights, duties, and obligations concerning the Project to Stadium RP
Development Partners, LLC (“Developer”); and
WHEREAS, in connection with the Property, Developer and City Staff have negotiated a
proposed development agreement (“Development Agreement”) in accordance with the
requirements of Government Code § 65864, et seq., and Chapter 17.21, “Development Agreement
Procedure,” of the RPMC, for the Project. The Development Agreement negotiated by the
Developer and the City is attached to this Resolution as Exhibit A; and
WHEREAS, the 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
WHEREAS, the Planning Commission reviewed the MND prepared for the project;
recommended its certification by the City Council; and has otherwise carried out 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 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; and
2
Ord. 903
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing which
was continued to December 22, 2016, at which time interested persons had an opportunity to testify
either in support or opposition to the proposal; and
WHEREAS, On December 22, 2016, the Planning Commission voted 4-0, to recommend
to the City Council approval of the Development Agreement attached hereto; and
WHEREAS, on January 10, 2017, 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; and
WHEREAS, the City Council has reviewed and considered the information contained in
proposed Development Agreement.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
SECTION 1. Findings for Adoption of Development Agreement
The City Council has reviewed Planning Application No. PLDV2016-0001, Development
Agreement for the Residences at Five Creek and the proposed Development Agreement and hereby
makes the following findings:
A. A duly noticed public hearing regarding the Development Agreement was held by the
City Council on January 10, 2017, in conformance with the notice provisions of
Government Code §§ 65090 and 65091 and the requirements of the RPMC.
B. The applicant has proposed amendments to the General Plan and related land use
entitlements for the Project which the Planning Commission has concurrently reviewed
and considered in conjunction with its review of the Development Agreement. The
proposed Development Agreement (attached hereto as Exhibit A) is consistent with the
General Plan, as amended, and would direct the Project’s development in an orderly
manner that benefits the City.
C. Pursuant to RPMC Section 17.21.040, the following factors have been taken into
consideration, as applicable, with respect to the Development Agreement: other
pending applications and approved projects; the traffic, parking, public service, visual,
and other impacts of the proposed development project upon abutting properties and
the surrounding area; ability of the applicant to fulfill public facilities financing plan
obligations; the relationship of the project to the city's growth management program;
the provisions included, if any, for reservation, dedication, or improvement of land for
public purposes or accessible to the public; the type and magnitude of the project's
economic effects to the city of Rohnert Park; and the contribution if any toward meeting
the city's housing needs.
3
Ord. 903
D. The City Council approved the Mitigated Negative Declaration for this Project
concurrently with the City Council’s approval of this Ordinance.
SECTION 2. Adoption of Development Agreement
The City hereby adopts the Development Agreement in substantially similar form as
attached hereto and incorporated herein as Exhibit A.
SECTION 3. Compliance with State Law
A. The City will act in accordance with the provisions of Government Code §§
65856(e) and 66006.
B. In accordance with Government Code §§ 65868.5, no later than 10 days after the
City enters into the Development Agreement, the City Clerk will record the Development
Agreement with the County Recorder.
C. In accordance with Government Code §§ 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, to ensure compliance with the terms.
SECTION 4. 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 5. 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.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
4
Ord. 903
This ordinance was introduced on January 10, 2017, and adopted by the Council of the City
of Rohnert Park on January 24, 2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________________
Jake Mackenzie, Mayor
ATTEST:
________________________________
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
________________________________
Michelle Kenyon, City Attorney
Attachment: Exhibit A
I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby
certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 24th day of January, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
JoAnne Buergler, City Clerk
OAK #4834-2306-3595 v11
RECORD WITHOUT FEE
PURSUANT TO GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ROHNERT PARK
CITY CLERK’S OFFICE
130 AVRAM AVENUE
ROHNERT PARK, CALIFORNIA 94928
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
DEVELOPMENT AGREEMENT
by and between
THE CITY OF ROHNERT PARK,
a California municipal corporation,
and
STADIUM RP DEVELOPMENT PARTNERS, LLC,
a California limited liability company
TABLE OF CONTENTS
Page
OAK #4834-2306-3595 v11 -i-
1. DEFINITIONS. .................................................................................................................. 3
2. EFFECTIVE DATE AND TERM. .................................................................................... 6
2.1 Effective Date ........................................................................................................ 6
2.2 Term ....................................................................................................................... 6
2.3 Expiration ............................................................................................................... 7
2.4 Developer Representations and Warranties ........................................................... 7
3. DEVELOPMENT OF THE PROPERTY. ......................................................................... 7
3.1 Vested Rights ......................................................................................................... 7
3.2 Applicable Law ...................................................................................................... 7
3.3 Development Timing ............................................................................................. 8
3.4 Regulation by Other Public Agencies .................................................................... 9
3.5 Life of Project Approvals....................................................................................... 9
3.6 Developer’s Right to Rebuild ................................................................................ 9
3.7 State and Federal Law ............................................................................................ 9
4. DEVELOPMENT STANDARDS. .................................................................................. 10
4.1 Compliance with State and Federal Law ............................................................. 10
4.2 Prevailing Wage Requirements. ........................................................................... 10
4.3 Sale Tax Point of Sale Designation ..................................................................... 11
5. FEES AND EXACTIONS. .............................................................................................. 11
5.1 Development Fees, Taxes and Exactions ............................................................. 11
5.2 Impact Fees .......................................................................................................... 11
5.3 Processing Fees .................................................................................................... 11
5.4 Taxes and Assessments ........................................................................................ 11
5.5 Consultant Fees .................................................................................................... 11
5.6 Obligations Under Previous Agreements ............................................................. 12
5.7 Purchase of GHG Emission Offset Credits .......................................................... 12
6. BENEFITS TO CITY. ..................................................................................................... 12
6.1 Hotel Development .............................................................................................. 12
6.2 Public Improvements ........................................................................................... 12
6.3 Storm Water Maintenance Agreement ................................................................. 13
TABLE OF CONTENTS
(continued)
Page
OAK #4834-2306-3595 v11 -ii-
6.4 Public Park. .......................................................................................................... 13
6.5 Public Service Payment ....................................................................................... 14
6.6 Funding for Affordable Housing ......................................................................... 14
7. COOPERATION AND IMPLEMENTATION. .............................................................. 14
7.1 Subsequent Project Approvals ............................................................................. 14
7.2 Processing Applications for Subsequent Project Approvals. ............................... 14
7.3 Changes and Amendments to Project Approvals................................................. 15
7.4 Amendment of this Agreement ............................................................................ 16
7.5 Mitigation Measures ............................................................................................ 16
7.6 Cooperation in the Event of Legal Challenge ...................................................... 17
7.7 Indemnity and Hold Harmless ............................................................................. 17
8. DEFAULT AND REMEDIES. ........................................................................................ 17
8.1 Breach .................................................................................................................. 17
8.2 Default.................................................................................................................. 18
8.3 Withholding of Permits ........................................................................................ 18
8.4 Remedies. ............................................................................................................. 18
8.5 Periodic Review. .................................................................................................. 19
8.6 Enforced Delay; Extension of Time of Performance ........................................... 20
8.7 Resolution of Disputes ......................................................................................... 20
8.8 Termination .......................................................................................................... 20
9. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. ................................. 21
9.1 Mortgagee Protection ........................................................................................... 21
9.2 Mortgagee Obligations ......................................................................................... 21
9.3 Notice of Default to Mortgagee ........................................................................... 21
10. ASSIGNABILITY. .......................................................................................................... 22
10.1 Assignment by Developer .................................................................................... 22
10.2 Covenants Run With The Land ............................................................................ 22
10.3 Pre-Approved Transfers ....................................................................................... 23
10.4 Non-Assuming Transferees ................................................................................. 23
10.5 Foreclosure ........................................................................................................... 23
TABLE OF CONTENTS
(continued)
Page
OAK #4834-2306-3595 v11 -iii-
11. GENERAL. ...................................................................................................................... 23
11.1 Controlling Law ................................................................................................... 23
11.2 Construction of Agreement .................................................................................. 23
11.3 No Waiver ............................................................................................................ 24
11.4 Agreement is Entire Agreement ........................................................................... 24
11.5 Estoppel Certificate .............................................................................................. 24
11.6 Further Documents............................................................................................... 24
11.7 Time of Essence ................................................................................................... 24
11.8 Construction ......................................................................................................... 24
11.9 Notices ................................................................................................................. 24
11.10 Developer is an Independent Contractor .............................................................. 25
11.11 No Joint Venture .................................................................................................. 25
11.12 Nondiscrimination................................................................................................ 25
11.13 No Third Party Beneficiary .................................................................................. 26
OAK #4834-2306-3595 v11 1
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the Effective
Date by and between CITY OF ROHNERT PARK (“City”), a California municipal corporation,
and STADIUM RP DEVELOPMENT PARTNERS, LLC, a California limited liability company
(the “Developer”), concerning the development of certain real property consisting of 12.32 acres
and located at Labath Avenue and Carlson Avenue in the City of Rohnert Park. City and
Developer may each be referred to as a “Party,” and collectively the “Parties”.
R E C I T A L S
Developer and City enter into this Agreement on the basis of the following facts,
understandings and intentions, and the following recitals are a substantive part of this
Agreement:
A. Sections 65864 through 65869.5 of the California Government Code
(“Development Agreement Statute”) authorize the City to establish procedures to enter into
binding development agreements with persons having legal or equitable interests in real property
located within the City for the development of property.
B. Developer and City are parties to that certain Agreement for Purchase and Sale
(Including Joint Escrow Instructions) and Terms of Development dated August 11, 2015, as
amended, (the “Purchase Agreement”) with respect to Developer’s purchase from City and
development of that certain real property of approximately 12.32 acres in size, as further
described in Exhibit A, attached hereto and incorporated by this reference (the “Property”). As
Developer is under contract to purchase the Property, Developer has an equitable interest in the
Property. The Purchase Agreement is incorporated in this Agreement by reference as if fully set
forth herein.
C. The Purchase Agreement requires that Developer obtain the land use approvals,
including a development agreement for the development of an (i) up to 300-room select service
and/or suite hotel(s); and (ii) a separate retail, commercial, residential (up to 135 apartments or
such lower amount as can be adequately parked and meet any other established City
requirements), or office component in addition to the hotel. Further, the Purchase Agreement
requires that this Agreement set forth Developer’s obligation to phase its development to ensure
the hotel is constructed prior to or simultaneously with the retail/commercial/residential
development and Developer’s obligation to construct and/or fund certain required public
improvements.
D. Developer, with City’s consent and in accordance with the terms of the Purchase
Agreement, has submitted applications to the City for a General Plan Amendment, an
Amendment to Stadium Area Master Plan, a Final Development Plan, a Tentative Parcel Map, a
Development Agreement and a Conditional Use Permit to develop (1) a hotel with no less than
132 rooms and categorized as Upscale (as defined in Section 1 below) or higher (“Hotel”), (2)
up to 135 multi-family dwelling residential units, on the Property (the “Residential
Component”); and (3) a commercial and retail development complex (the “Retail Component”;
and collectively with the Hotel and the Residential Component, the “Project”). The
OAK #4834-2306-3595 v11 2
applications, plus further applications for approvals necessary or convenient to develop the
Property are in furtherance of the terms of the Purchase Agreement and the request by Developer
to be allowed to develop the Property with the Project.
E. Through this Agreement, the Parties intend to preserve the size and density of
development as set forth in the Project Approvals, as defined below. City and Developer each
acknowledge that development and construction of the Project is a large-scale undertaking
involving major investments by Developer and City, and assurances that the Project can be
developed and used in accordance with the Purchase Agreement and the terms and conditions set
forth herein and the existing rules governing development of the Property will benefit both
Developer and City.
F. This Agreement will eliminate uncertainty in the comprehensive development
planning of the Project and provide that the Property may be developed, constructed, completed
and used pursuant to this Agreement, and in accordance with existing policies, rules and
regulations of the City, subject to the exceptions and limitations expressed herein. Further this
Agreement will (i) secure orderly development, including the development of a hotel, and fiscal
benefits for public services, improvements and facilities planning in the City; (ii) meet the goals
of the General Plan; (iii) plan for and concentrate public and private resources for the mutual
benefit of both Developer and City; (iv) allow the City and public to obtain the benefits of public
ownership and use of the public improvements; (vi) provide for a coordinated and systematic
approach to providing certain public improvements to be provided by Developer; and (vii)
establish the timing and extent of contributions required from Developer for these purposes.
G. Prior to approval of this Agreement, City has taken numerous actions in
connection with the development of the Project on the Property. The approvals and development
actions described in this Recital G are collectively referred to herein as the "Existing Project
Approvals." These include:
1. Initial Study and Mitigated Negative Declaration. The environmental
impacts of the Project, including the Existing Project Approvals, have properly been
reviewed and assessed by City pursuant to the California Environmental Quality Act,
California Public Resources Code Section 21000 et seq.; California Code of Regulations
Title 14, Section 15000 et seq. (“CEQA Guidelines”); and City's local guidelines
promulgated thereunder (hereinafter collectively referred to as “CEQA”). On
________________, 2017, pursuant to CEQA and in accordance with the
recommendation of City’s Planning Commission (the “Planning Commission”), the City
Council of City (“City Council”) adopted an Initial Study and Mitigated Negative
Declaration for the Project (“MND”). As required by CEQA, City adopted written
findings and a Mitigation Monitoring and Reporting Program (“MMRP”) on
_____________, 2017, pursuant to Resolution No. _________.
2. General Plan Amendment. On __________________, 2017, in
accordance with the recommendation of the Planning Commission, the City Council
adopted Resolution ______, amending the General Plan.
OAK #4834-2306-3595 v11 3
3. Amendment to the Stadium Area Master Plan. On _________________,
2017, in accordance with the recommendation of the Planning Commission, the City
Council adopted Ordinance No. ______, approving an Amendment the Stadium Area
Master Plan, which covers the entirety of the Property as well as certain additional
adjacent property as shown in the Stadium Area Master Plan. The Amendment to the
Stadium Area Master Plan also constituted prezoning for the Property and the adjacent
property in accordance with City Municipal Code section 17.06.290.
4. Tentative Map. On _________________, 2017, in accordance with the
recommendation of the Planning Commission, the City Council adopted Resolution No.
___, approving the Tentative Map for the Property.
5. Final Development Plan and Design Guidelines. On _______________,
2017, in accordance with the recommendation of the Planning Commission, the City
Council adopted Resolution No. __________, approving the Final Development Plan and
Design Guidelines for the Property.
6. Conditional Use Permit. On________________, 2017, in accordance with
the recommendation of the Planning Commission, the City Council adopted Resolution
No. , approving a Conditional Use Permit, subject to certain conditions of
approval, for portions of the Property.
H. Subsequent to approval of this Agreement, the City and Developer anticipate that
applications for additional approvals, entitlements, and permits related to the development and
operation of the Project will be submitted to implement the Project (the “Subsequent Project
Approvals”).
A G R E E M E N T
NOW, THEREFORE, pursuant to the authority contained in California Government
Code section 65864, and in consideration of the mutual representations, covenants and promises
of the Parties, the Parties hereto agree as follows:
1. DEFINITIONS.
“Administrative Agreement Amendment” shall have the meaning set forth in
Section 7.4(a).
“Administrative Project Amendment” shall have the meaning set forth in
Section 6.3(a)(i).
“Agreement” shall have the meaning set forth in the introductory paragraph preceding
the Recitals.
“Applicable Law” shall have the meaning set forth in Section 3.2.
“Building Permit” means a permit issued by the City for the renovation or construction
of a building or structure, as required by the California Building, Residential, Mechanical,
OAK #4834-2306-3595 v11 4
Electrical, Plumbing, Green Building, Fire or Energy Standard Codes, as adopted by the City and
incorporated in the Rohnert Park Municipal Code by reference, excluding a permit to commence
grading issued under Chapter 15.50 of the Rohnert Park Municipal Code.
“CEQA” shall have the meaning set forth in Recital G.
“CEQA Guidelines” shall have the meaning set forth in Recital G.
“Changes in the Law” shall have the meaning set forth in Section 3.7.
“Cure Period” shall have the meaning set forth in Section 7.1.
“City” shall have the meaning set forth in the introductory paragraph preceding the
Recitals.
“City Council” shall have the meaning set forth in Recital G.
“City Manager” means the City Manager of the City or his/her designee.
“Commence Construction” shall be deemed to have occurred when the Developer has
begun vertical construction as evidenced by an approved foundation City inspection and such
date shall be memorialized in writing by the Parties.
“Consultant Fees” shall have the meaning set forth in Section 5.5.
“Default” shall have the meaning set forth in Section 7.2.
“Developer” means Stadium RP Development Partners, LLC, a California limited
liability company, and its permitted successors and assigns.
“Development Agreement Statute” shall have the meaning set forth in Recital A.
“Director” means the Development Services Director of the City.
“Effective Date” shall have the meaning set forth in Section 2.1.
“Existing Project Approvals” shall have the meaning set forth in Recital G.
“Extended Cure Period” shall have the meaning set forth in Section 7.1.
“Extended Term” shall have the meaning set forth in Section 2.2(b).
“Federal/State Compliance Fees” shall have the meaning set forth in Section 5.4.
“Grading Permit” means a permit to commence grading issued by the City under
Chapter 15.50 of the Rohnert Park Municipal Code.
“Hotel” shall have the meaning set forth in Recital D.
OAK #4834-2306-3595 v11 5
“Impact Fees” shall have the meaning set forth in Section 5.2.
“Initial Term” shall have the meaning set forth in Section 2.3(a).
“Major Agreement Amendment” shall have the meaning set forth in Section 7.4(b).
“MMRP” shall have the meaning set forth in Recital G.
“MND” shall have the meaning set forth in Recital G.
“Mortgage” shall have the meaning set forth in Section 8.1.
“Mortgagee” shall have the meaning set forth in Section 8.1.
“New City Laws” shall mean City’s laws, rules, regulations, official policies, standards
and specifications, including those enacted or imposed by a citizen-sponsored initiative or
referendum or by the City Council directly or indirectly in connection with any proposed
initiative or referendum, in each case to the extent amended or otherwise imposed following the
Effective Date.
“Non-administrative Project Amendment” shall have the meaning set forth in
Section 6.3(a)(ii).
“Official Policy” shall mean a policy that is approved in accordance with the City’s
normal practice for adopting policies, that is in writing, and that was adopted prior to the
Effective Date of this Agreement or that is approved by the City Council and consistent with
federal, state or local laws.
“Party/Parties” shall have the meaning set forth in the introductory paragraph preceding
the Recitals of this Agreement.
“Planning Commission” shall have the meaning set forth in Recital G.
“Prevailing Wage Laws” shall have the meaning set forth in Section 4.2(a).
“Processing Fees” shall have the meaning set forth in Section 5.3.
“Project” shall have the meaning set forth in Recital D.
“Project Approvals” means the Existing Project Approvals and any approved Subsequent
Project Approvals.
“Property” shall have the meaning set forth in Recital B.
“Purchase Agreement” shall have the meaning set forth in Recital B.
“Residential Component” shall have the meaning set forth in Recital D.
“Retail Component” shall have the meaning set forth in Recital D.
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“Service Payment” shall have the meaning set forth in Section 6.5(a).
“Subsequent Project Approvals” shall have the meaning set forth in Recital K.
“Subsequent Discretionary Approvals” means all other Subsequent Project Approvals
other than Subsequent Ministerial Approvals, including amendments of the Project Approvals,
improvement agreements, architectural review permits, use permits, lot line adjustments,
subdivision maps, rezonings, development agreements, permits that are not Subsequent
Ministerial Approvals, resubdivisions, and any amendments to, or repealing of, any of the
foregoing, are Subsequent Discretionary Approvals.
“Subsequent Ministerial Approvals” means permits or approvals that are required by
Applicable Law and that are to be issued upon compliance with uniform, objective standards and
regulations. They include applications for road construction permits or authorizations; grading
and excavation permits; building permits, including electrical, plumbing, mechanical, Title 24
Electrical, and Title 24 Handicap permits or approvals; certificates of occupancy; encroachment
permits; water connection permits; and any other similar permits required for the development
and operation of the Project.
“Term” shall have the meaning set forth in Section 2.2.
“Transfer” shall have the meaning set forth in Section 9.1.
“Upscale” shall have the meaning set forth in Section 6.1.
2. EFFECTIVE DATE AND TERM.
2.1 Effective Date. This Agreement shall become effective upon the date that the
ordinance approving this Agreement becomes effective (the “Effective Date”).
2.2 Term. The term (“Term”) of this Agreement shall be the Initial Term together
with any Extended Term.
(a) Initial Term. The Term of this Agreement shall commence upon the
Effective Date and shall extend for a period of five (5) years thereafter (“Initial Term”). The
Initial Term has been established by the City and Developer as a reasonable estimate of the time
required to develop the Project, including all on- and off-site public improvements, and obtain
the public benefits of the Project.
(b) Extended Term. Provided neither City nor Developer have terminated this
Agreement and Developer has fully complied with all terms of this Agreement, Developer may
request in writing that City extend the Initial Term of this Agreement for an additional two-year
period (“Extended Term”). Such written request may be delivered to City not earlier than two
hundred seventy (270) days nor later than one hundred twenty (120) days prior to the termination
date of the Initial Term.
(c) City Review of Request for Extended Term. Upon receipt of such request,
City shall undertake a review of Developer’s good faith compliance with the terms of this
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Agreement in the same manner as set forth in Section 8.5 for a periodic review of this
Agreement. Developer and City shall comply with the provisions of Section 8.5 with respect to
such review so that it can be completed prior to the expiration of the Initial Term. If Developer
has met all requirements of this Agreement and has made reasonable progress toward completing
the Project, in City’s reasonable discretion, City may approve such extension. If the Initial Term
of this Agreement is extended in accordance with the provisions of this Section, City shall record
an instrument giving notice of the Extended Term and the termination date thereof.
2.3 Expiration. Following the expiration of the Term, or the earlier completion of
development of the Project and all of Developer’s obligations in connection therewith, this
Agreement shall be deemed terminated and of no further force and effect, subject, however, to
the provisions of Section 8.8 below.
2.4 Developer Representations and Warranties. Developer represents and warrants to
City that, as of the Effective Date:
(a) Developer has an equitable interest in the Property;
(b) The Purchase Agreement is a valid and binding obligation of Developer
and enforceable in accordance with its terms;
(c) Developer: (i) is organized and validly existing under the laws of the
State of California; (ii) to the extent required, has qualified and been authorized to do business in
the State of California and has complied with all requirements pertaining thereto; and (iii) to the
extent required, is in good standing and has all necessary powers under the laws of the State of
California to own property;
(d) No approvals or consents of any persons are necessary for the execution,
delivery or performance of this Agreement by Developer, except as have been obtained;
(e) The execution and delivery of this Agreement have been duly authorized
by all necessary corporate action; and
(f) This Agreement is a valid obligation of Developer and is enforceable in
accordance with its terms.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Vested Rights. The Property is hereby made subject to the provisions of this
Agreement. Developer shall have the vested right to develop the Property and the Project in
accordance with and subject to the Existing Project Approvals, the Subsequent Project
Approvals, Applicable Law and this Agreement, which shall control the permitted uses, density
and intensity of use of the Property and the maximum height and size of buildings on the
Property.
3.2 Applicable Law. City and Developer acknowledge and agree that City is
restricted in its authority to limit its police power by contract and that the limitations,
reservations and exceptions contained in this Agreement are intended to reserve to City all of its
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police power that cannot be so limited. Notwithstanding the foregoing reservation of City, it is
the intent of City and Developer that this Agreement be construed to provide Developer with the
maximum rights afforded by law, including but not limited to, the Development Agreement
Statute. Therefore, the laws, rules, regulations, official policies, standards and specifications of
City applicable to the development of the Property and/or the Project shall be (collectively,
“Applicable Law”):
(a) Those rules, regulations, official policies, standards and specifications of
the City set forth in the Project Approvals and this Agreement;
(b) With respect to matters not addressed by and not otherwise inconsistent
with the Project Approvals and this Agreement, those laws, rules, regulations, official policies,
standards and specifications (including City ordinances and resolutions) governing permitted
uses, building locations, timing and manner of construction, densities, intensities of uses, heights
and sizes, and requirements for on- and off-site infrastructure and public improvements, in each
case only to the extent in full force and effect on the Effective Date;
(c) New City Laws that relate to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure imposed at any time, provided such New City Laws are uniformly applied on a City-
wide basis to all substantially similar types of development projects and properties;
(d) New City Laws that revise City’s uniform construction codes, including
City’s building code, plumbing code, mechanical code, electrical code, fire code, grading code
and other uniform construction codes, as of the date of permit issuance, provided, that such New
City Laws are uniformly applied on a City-wide basis to all substantially similar types of
development projects and properties;
(e) New City Laws that are necessary to protect physical health and safety of
the public, provided, that such New City Laws are uniformly applied on a City-wide basis to all
substantially similar types of development projects and properties; and
(f) New City Laws that do not apply to the Property and/or the Project due to
the limitations set forth above, but only to the extent that such New City Laws are accepted in
writing by Developer in its sole discretion.
3.3 Development Timing. Developer shall phase and construct the Project within the
time-frames set forth below.
(a) Developer shall obtain a Building Permit to construct the Hotel prior to, or
concurrently with, issuance of a Building Permit for any other portion of the Project, including
the Residential Component. In no event shall issue City a Building Permit for any portion of the
Project prior to the issuance of a Building Permit for the Hotel.
(b) Developer shall Commence Construction of the Hotel prior to, or
concurrently with, Commencement of Construction of any other portion of the Project, but no
later than August 11, 2018, subject to extension due to a force majeure event as set forth in
Section 3.3(d) below.
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(c) Developer shall complete construction of and obtain a certificate of
occupancy for the Hotel prior to the date that is 18 months from the Commencement of
Construction of the Hotel, subject to extension due to a force majeure event as set forth in
Section 3.3(d) below; provided, however, such 18 month time period shall be extended by the
City for up to 6 months upon the written request of Developer if, in City's reasonable
determination, Developer has made substantial progress toward completion of construction of the
Hotel prior to the expiration of such initial 18 month period.
(d) A force majeure event shall mean delay that Developer could not
reasonably have been expected to avoid and which by exercise of due diligence have been unable
to overcome caused by: acts of God, war, fire, earthquake, windstorm, flood or other natural
catastrophe, civil disturbance or disobedience, labor disputes, vandalism, sabotage, terrorism, or
restraint by order of a court or administrative agency with jurisdiction. Developer’s financial
inability to perform or obtain financing or adverse economic conditions generally shall not be
grounds for claiming a force majeure event.
3.4 Regulation by Other Public Agencies. City and Developer acknowledge and
agree that other governmental or quasi-governmental entities not within the control of City
possess authority to regulate aspects of the development of the Property and the Project and that
this Agreement does not limit the authority of such other public agencies. City shall cooperate
with Developer in Developer’s effort to obtain such permits and approvals as may be required by
other governmental or quasi-governmental entities in connection with the development of, or the
provision of services to, the Property and/or the Project; provided, however, City shall have no
obligation to incur any costs, without compensation or reimbursement, or to amend any City
policy, regulation or ordinance in connection therewith.
3.5 Life of Project Approvals. The term of any and all Project Approvals shall
automatically be extended for the longer of the Term or the term otherwise applicable to such
Project Approvals. Without limiting the generality of the foregoing, pursuant to the Subdivision
Map Act, any vesting or tentative maps heretofore or hereafter approved in connection with
development of the Project or the Property, shall be extended for the Term (and may be subject
to other extensions provided under the Subdivision Map Act).
3.6 Developer’s Right to Rebuild. City agrees that Developer may renovate or
rebuild portions of the Project at any time within the Term should it become necessary due to
any casualty, including natural disaster or changes in seismic requirements. Such renovations or
reconstruction shall be processed as a Subsequent Project Approval consistent with all prior
Project Approvals and Applicable City Law. Any such renovation or rebuilding shall be subject
to all design, density and other limitations and requirements imposed by this Agreement, and
shall comply with the Project Approvals, Applicable City Law, and the requirements of CEQA.
3.7 State and Federal Law. As provided in Section 65869.5 of the Development
Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes
in laws, regulations, plans or policies, to the extent that such changes are specifically mandated
and required by changes in State or Federal laws or by changes in laws, regulations, plans or
policies of special districts or other governmental entities, other than City, created or operating
pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in
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the Law prevent or preclude, or render substantially more expensive or time consuming,
compliance with one (1) or more provisions of this Agreement, the City and Developer shall
meet and confer in good faith in order to determine whether such provisions of this Agreement
shall be modified or suspended, or performance thereof delayed, as may be necessary to comply
with Changes in the Law. Nothing in this Agreement shall preclude City or Developer from
contesting by any available means (including administrative or judicial proceedings) the
applicability to the Project any such Changes in the Law. If Changes in the Law preclude or
substantially prevent or preclude, or render substantially more expensive or time consuming,
performance of this Agreement in a manner that makes the Project economically infeasible,
Developer, in its sole and absolute discretion, may terminate this Agreement by providing
written notice thereof to City.
4. DEVELOPMENT STANDARDS.
4.1 Compliance with State and Federal Law. Developer, at its sole cost and expense,
shall comply with requirements of, and obtain all permits and approvals required by, regional,
State and Federal agencies having jurisdiction over the Project.
4.2 Prevailing Wage Requirements.
(a) Developer acknowledges and agrees that all improvements paid for
directly or indirectly with public funds will constitute construction, alteration, demolition,
installation, or repair work done under contract and paid for in whole or in part out of public
funds as provided under California Labor Code Section 1720. Accordingly, if and to the extent
applicable, Developer shall comply with, and cause its contractors and subcontractors to comply
with, all State Labor Code requirements and implementing regulations of the Department of
Industrial Relations pertaining to “public works” (collectively, “Prevailing Wage Laws”).
Developer shall require the contractor for the Project or any portion thereof involving any such
publicly financed improvements, to submit, upon request by City or County, as applicable,
certified copies of payroll records to City, and to maintain and make records available to City
and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws,
as applicable. Developer shall also include in each of its contractor agreements with respect to
any such publicly financed improvements, a provision in form acceptable to City, obligating the
contractor to require its contractors and/or subcontractors to comply with Prevailing Wage Laws,
as applicable, and to submit, upon request by City, certified copies of payroll records to City and
to maintain and make such payroll records available to City and its designees for inspection and
copying during regular business hours at the Property or at another location within City.
(b) Developer shall defend (with counsel chosen by the City), indemnify,
assume all responsibility for, and hold harmless City and its officers, officials, employees,
volunteers, agents and representatives from and against any and all present and future liabilities,
obligations, orders, claims, damages, fines, penalties and expenses (including attorneys’ fees and
costs) arising out of or in any way connected with Developer’s or its contractors’ obligations to
comply with all Prevailing Wage Laws, including all claims that may be made by contractors,
subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781.
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4.3 Sales Tax Point of Sale Designation. Developer shall request that all persons and
entities providing bulk lumber, concrete, structural steel and pre-fabricated building components,
such as roof trusses, to be used in connection with the construction and development of, or
incorporated into, the Project, designate City as the sole point-of-sale for purposes of computing
sales taxes due under the Bradley-Burns Uniform Local Sales and Use Tax Law (California
Revenue and Taxation Code sections 7200 et seq. and implementing regulations) on the sale of
such bulk construction and building materials and components. Developer shall not be in default
hereunder if such request is not agreed to by such persons and entities providing such materials
to the Project.
5. FEES AND EXACTIONS.
5.1 Development Fees, Taxes and Exactions. Developer shall pay all fees, special
assessments, special taxes, exactions and dedications payable due to the development, build out,
occupancy and use of the Property pursuant to this Agreement including Impact Fees, Processing
Fees, Taxes and Assessments, and Consultant Fees.
5.2 Impact Fees. Developer shall pay all development impact fees in effect as of the
Effective Date (“Impact Fees”). Impact fees shall be paid at the rate in effect as of the Effective
Date with annual increases based on the Construction Cost Index from the Engineering News
Report.
5.3 Processing Fees. City may charge and Developer agrees to pay all processing
fees, application, inspection and monitoring fees, and staff and legal fees (“Processing Fees”),
for land use approvals, grading and building permits, general plan maintenance fees, and other
permits and entitlements, which are in force and effect on a City-wide basis at the time those
permits, approvals or entitlements are applied for on any or all portions of the Project, and which
are intended to cover the actual costs of processing the foregoing.
5.4 Taxes and Assessments. City may charge and Developer agrees to pay any new,
increased or modified taxes or assessments, imposed as a condition of or in connection with any
Subsequent Project Approvals or otherwise, provided such taxes and assessments are equally
applied on a City-wide basis and have a uniform effect on a broadly-based class of land, projects,
or taxpayers, as applicable, within the City (“Taxes and Assessments”).
5.5 Consultant Fees. In addition to charging the foregoing Processing Fees, City
may, in its sole discretion, contract with one or more outside inspectors, engineers, attorneys or
consultants to perform all or any portion of the monitoring, inspection, testing, application
processing and evaluation services to be performed in connection with construction and
development of the Project or in connection with the periodic review of the Agreement
(“Consultant Fees”). Developer shall pay to City, within 30 days following City’s written
demand therefore, the full amount of all Consultant Fees, plus a 10 percent City administration
charge. City shall provide copies of consultant bills that City asks Developer to pay pursuant to
this paragraph at the same time that the City submits an invoice seeking payment to Developer.
In the event that a consultant bill contains attorney-client privileged communications, City may
redact those portions of the consultant bill that are privileged. The Consultant Fees, together
with the associated administrative charge, shall be in addition to, and not in lieu of, the
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Processing Fees. The City shall not double-charge Developer through the imposition of both
Processing Fees and Consultant Fees.
5.6 Obligations Under Previous Agreements.
(a) Developer will have no obligations under the COSTCO Reimbursement
Agreement between and entered into as of .
(b) Developer shall pay the Reserves LLC, the amount of $62,995, as set forth
in the Offsite Public Improvement and Fee Credit Agreement and Termination and Supersession
of Deferred Improvement Agreement between the City of Rohnert Park and the Reserves LLC
for Carlson Avenue (referred to as “Carlson Court”) and entered into as of May 21, 2015.
Developer shall provide City with proof of payment to Reserves LLC, prior to or at the time of
issuance of the first Building Permit or Grading Permit for the Project.
(c) Developer shall pay Redwood Equities Investments the amount of
$83,585.35, as determined by the Reimbursement Agreement for the Stadium Lands Master Plan
Environmental Impact Report, and provide City with proof of payment prior to or at the time of
issuance of the first Building Permit or Grading Permit for the Project.
5.7 Purchase of GHG Emission Offset Credits. Developer shall make a one-time
purchase of Greenhouse Gas carbon offset credits through the Climate Action Reserve (CAR) to
offset 600 metric tons CO2E per year for 30 years, which is the life of the Project assumed in the
MND. The purchase price for such offset credits is currently estimated as approximately Thirty
Thousand Dollars ($30,000.00). Developer shall provide City with proof of purchase and
registration of the credits prior to or at the time of issuance of the first Building Permit or
Grading Permit for the Project.
6. BENEFITS TO CITY.
6.1 Hotel Development. Developer shall develop the Hotel as an Upscale, as defined
by the 2016 STR Hotel Chain Scale (“Upscale”) or higher hotel, and shall provide City with a
copy of the Hotel Franchise Agreement prior to issuance of a Building Permit for the Hotel
demonstrating compliance with this Section 6.1.
6.2 Public Improvements. Developer shall construct public improvements in
accordance with the City’s standards and specifications and plans and specifications to be
approved by City, in City’s sole discretion, within the time-frames set forth below or such earlier
time-frame set forth in the Existing Project Approvals and the conditions of approval set forth
therein. Improvements shall include, but not be limited to the following:
(a) Remainder of Carlson Avenue improvements, including curb, gutter,
sidewalk and 16-foot wide of travelway to provide an ultimate curb-to-curb width of 48 feet,
prior to issuance of the first certificate of occupancy within the Project;
(b) Sidewalk along Dowdell Avenue frontage, prior to issuance of the first
certificate of occupancy within the Project;
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(c) If required by the traffic study for the Project, Labath Avenue northbound
right-turn lane at Martin Avenue widening and improvements, prior to issuance of the first
certificate of occupancy within the Project;
(d) Storm drain outfall into Hinebaugh Creek, including all costs for design,
permitting, and construction, as shown on the Stadium Lands approved tentative map, prior to
issuance of the first certificate of occupancy within the Project;
(e) A twelve-inch water main in Redwood Drive from the Hinebaugh Creek
Pressure Reducing Valve vault to Martin Avenue, prior to issuance of the first certificate of
occupancy within the Project;
(f) Site irrigation connected to existing recycled water system within Labath
Avenue and/or Dowdell Avenue; and
(g) Martin Avenue improvements, including curb, gutter, and sidewalk to
provide an ultimate curb-to-curb width of 42 to 55 feet, as illustrated in Exhibit B attached
hereto, prior to issuance of the first certificate of occupancy within the Project, with City to fund
the half-width of the improvements adjacent to the property to be retained by City, as illustrated
in Exhibit B attached hereto.
6.3 Storm Water Maintenance Agreement. Developer shall enter into a Storm Water
Maintenance Agreement (the “Storm Water Agreement”) prior to recordation of the Final Map
for the Project, to address long-term maintenance of on-site storm drainage and water quality
features within the Project. The Storm Water Agreement shall be in a form approved by the
City.
6.4 Public Park.
(a) Developer shall dedicate to City fee title to the park area shown on the
Tentative Map (“Park Area”) on the Final Map. Developer, at its expense, shall cause all
recorded and unrecorded monetary liens and all recorded and unrecorded non-monetary liens,
encumbrances, easements, leases, covenants, conditions, restrictions, and other exceptions to or
defects in title, excepting only the lien for current, non-delinquent property taxes, to be removed
from title to the Park Area prior to recordation of the Final Map. The boundaries of the Park
Area may be adjusted pursuant to lot line adjustments with the neighboring properties approved
by the City.
(b) Developer, at its expense, shall construct and thereafter dedicate to the
City the public park improvements on the Park Area, as shown on the Project Approvals.
Construction of the public park improvements shall be completed prior to the issuance of the first
certificate of occupancy for the Residential Component. The total cost of the Park Area and park
improvements shall equal approximately $788,000, but no greater than $813,000, with the Park
Area valued at $583,673 per acre, as verified by the City with supporting documentation by
Developer. In the event that the Buyer’s total costs (including the valuation of the Park Area
referred to above) are lower than $788,000, the difference between $788,000 and the actual costs
shall be paid by Developer to City prior to the issuance of the first certificate of occupancy for
the Project.
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6.5 Public Service Payment.
(a) Developer shall make a public service payment to City to offset the
projected fiscal deficit to City's General Fund created by the Residential Component and to
comply with the General Plan policies and goals. The payment shall be equal to Eight Hundred
Dollars ($800.00) per residential unit constructed on the Property, subject to annual adjustment
based on the San Francisco Bay Area Consumer Price Index (the “Service Payment”). The
obligation to make annual Service Payments shall be documented in an instrument to be recorded
against the Property, as set forth in Section 6.5(c) below.
(b) Developer shall pay to City each initial Service Payment at the time of
issuance of a Building Permit for a residential unit within the Project. Thereafter, Developer or
its successor shall pay an amount equal to the Service Payment, as adjusted pursuant to Section
6.5(a) above, for each residential unit for which a building permit has been issued, with such
Service Payment due not later than April 30 of each year following the year of initial payment
and continuing in perpetuity, provided that at least twelve (12) months have elapsed between the
date of initial payment and the first subsequent payment.
(c) Developer shall ensure the ongoing payment of the Service Payment to
City by the establishment of service districts, property owner and homeowner associations, or
other mechanisms, which shall be responsible for making the annual Service Payment. The
Service Payment funding mechanism shall be subject to City approval, and all relevant
documents, agreements, and, as applicable, property owner and homeowner association
documents, including the conditions, covenants and restrictions, shall expressly provide language
to that effect in addition to language that the City shall be a third party beneficiary with the right
to independently enforce such association's obligations, which language shall be reviewed and
approved by the City Attorney. The recorded instrument or financing mechanism must be in
place or established to the satisfaction of City, in its sole discretion, prior to the issuance of the
first Building Permit for the Residential Component.
6.6 Funding for Affordable Housing. Developer shall provide a total of $50,000.00 to
City to assist in the creation of affordable housing (“Affordable Housing Payment”). The
Affordable Housing Payment shall be paid to City prior to issuance of the first Building Permit
for the Project.
7. COOPERATION AND IMPLEMENTATION.
7.1 Subsequent Project Approvals. Developer and City acknowledge and agree that
Developer intends to submit applications for Subsequent Project Approvals. In connection with
any Subsequent Project Approval, the City shall exercise its discretion in accordance with
Applicable Law and the Project Approvals and, as provided by this Agreement.
7.2 Processing Applications for Subsequent Project Approvals.
(a) Developer acknowledges that City cannot begin processing applications
for Subsequent Project Approvals until Developer submits complete applications on a timely
basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all
documents, applications, plans, and other information necessary for City to carry out its
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obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to
provide to City in a timely manner all such documents, applications, plans and other materials
required under Applicable Law. It is the express intent of Developer and City to cooperate and
diligently work to obtain any and all Subsequent Project Approvals.
(b) Upon submission by Developer of all appropriate applications and
processing fees for any pending Subsequent Project Approval, City shall, as allowed by law,
reasonably and diligently, subject to City ordinances, policies and procedures regarding hiring
and contracting, commence and complete all steps necessary to act on Developer’s currently
pending Subsequent Project Approval applications.
(c) With the Existing Project Approvals, City has made a final policy decision
that the Project is in the best interests of the public health, safety and general welfare.
Applications for Subsequent Ministerial Approvals that are consistent with this Agreement and
the Existing Project Approvals shall be processed and considered in a manner consistent with the
vested rights granted by this Agreement and shall be deemed to be tools to implement those final
policy decisions, and shall be approved by City so long as they are consistent with this
Agreement and the Existing Project Approvals. While City expressly reserves its discretion with
respect to all Subsequent Discretionary Approvals, City agrees that it shall not use its authority in
considering any application for a Subsequent Discretionary Approval to change the policy
decisions reflected by the Existing Project Approvals or otherwise to prevent or frustrate the
further development of the Project as set forth in the Existing Project Approvals.
(d) Nothing herein shall limit the ability of City to require the necessary
environmental review, reports, analysis or studies to assist in determining that the requested
Subsequent Ministerial Approval is consistent with this Agreement and the Existing Project
Approvals. If the City determines that an application for a Subsequent Ministerial Approval is
not consistent with this Agreement or the Existing Project Approvals and should be processed as
an application for a Subsequent Discretionary Approval rather than a Subsequent Ministerial
Approval, the City shall specify in writing the reasons for such determination and may propose a
modification which would be processed as a Subsequent Ministerial Approval. Developer shall
then either modify the application to conform to this Agreement and the Existing Project
Approvals, as the case may be, or the City shall process the application as an application for a
Subsequent Discretionary Approval.
(e) City shall process Developer’s applications for Subsequent Project
Approvals to the fullest extent allowed by Applicable Law and Developer may proceed with
Subsequent Project Approvals as provided for herein to the fullest extent allowed by Applicable
Law.
7.3 Changes and Amendments to Project Approvals.
(a) Given the long term build-out of the Project, the City and Developer
acknowledge that modifications or amendments to the Project Approvals may be appropriate and
mutually desirable. To the extent permitted by Applicable Law, any Project Approval may, from
time to time, be amended or modified in the following manner:
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(i) Upon the written request of Developer for an amendment or
modification to a Project Approval, the City Manager or the City Manager’s designee shall
determine: (A) whether the requested amendment or modification is minor when considered in
light of the Project as a whole; and (B) whether the requested amendment or modification is
consistent with this Agreement and Applicable Law. If the City Manager finds, in his or her sole
discretion, that the proposed amendment or modification is minor, consistent with this
Agreement and Applicable Law, and will result in no new significant impacts not addressed and
mitigated in the environmental review, the amendment shall be determined to be an
“Administrative Project Amendment” and the City Manager may approve the Administrative
Project Amendment consistent with City’s procedures for such administrative actions, including
any requirements for notice, public hearing and appeal rights.
(ii) Any request of Developer for an amendment or modification to a
Project Approval which is determined by the City Manager or his/her designee not to be an
Administrative Project Amendment as set forth above shall be deemed a “Non-administrative
Project Amendment” and shall be subject to review, consideration and action pursuant to the
Project Approvals, Applicable Law and this Agreement, as applicable.
(iii) Administrative Project Amendments shall not require an
amendment to this Agreement.
7.4 Amendment of this Agreement. This Agreement may be amended from time to
time, in whole or in part, by mutual written consent of the Parties or their successors in interest,
as follows:
(a) Administrative Agreement Amendments. Any amendment to this
Agreement which does not substantially affect (a) the Term of this Agreement; (b) permitted
uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms
restrictions or requirements for subsequent discretionary actions; (e) increases in the density or
intensity of the use of the Property or the maximum height or size of proposed buildings; or (f)
monetary contributions by Developer, shall be deemed an “Administrative Agreement
Amendment” and the City Manager or his or her designee, except to the extent otherwise
required by Applicable Law, may approve the Administrative Agreement Amendment without
notice and public hearing.
(b) Major Agreement Amendments. Any amendment to this Agreement
which is determined not to be an Administrative Agreement Amendment as set forth above shall
be deemed a “Major Agreement Amendment” and shall require giving of notice and a public
hearing before the Planning Commission and City Council in accordance with Applicable Law.
The City Manager or his or her designee shall have the authority to determine if an amendment is
a Major Agreement Amendment or an Administrative Agreement Amendment.
7.5 Mitigation Measures. Developer shall comply with all mitigation measures in the
Stadium Area Master Plan Environmental Impact Report and Mitigation Monitoring and
Reporting Plan (MMRP). Developer shall comply with all additional mitigation measures
imposed as a result of the MND. Mitigation related to Greenhouse Gas emissions shall be
provided, in part, through the purchase of GHG carbon offset credits as described in Section 5.7.
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7.6 Cooperation in the Event of Legal Challenge.
(a) City and Developer, at Developer’s sole cost and expense, shall cooperate
in the event of any court action instituted by a third party or other governmental entity or official
challenging the validity of any provision of this Agreement, any Existing Project Approvals or
any Subsequent Project Approvals and City shall appear in the action and defend its decision,
except that City shall not be required to be an advocate for Developer. To the extent that
Developer determines to contest or defend such litigation challenges, Developer shall reimburse
City, within ten (10) days following City’s written demand therefore, which may be made from
time to time during the course of such litigation, all costs incurred by City in connection with the
litigation challenge, including City’s administrative, legal and court costs, provided that City, it
its sole discretion shall determine to either: (a) elect to joint representation by Developer’s
counsel; or (b) retain an experienced litigation attorney. If Developer defends any such legal
challenge, Developer shall indemnify, defend, and hold harmless City and its officials and
employees from and against any claims, losses, or liabilities assessed or awarded against City by
way of judgment, settlement, or stipulation. Nothing herein shall authorize Developer to settle
such legal challenge on terms that would constitute an amendment or modification of this
Agreement, any Existing Project Approvals or any Subsequent Project Approvals, unless such
amendment or modification is approved by City in accordance with applicable legal
requirements, and City reserves its full legislative discretion with respect thereto.
(b) In addition, City shall have the right, but not the obligation, to contest or
defend such litigation challenges, in the event that Developer elects not to do so. If City elects to
contest or defend such litigation challenges, Developer shall bear all related costs and expenses,
including City’s attorney fees, and, in addition, shall indemnify, defend, and hold harmless City
and its officials and employees from and against any claims, losses, or liabilities assessed or
awarded against City by way of judgment, settlement, or stipulation.
7.7 Indemnity and Hold Harmless. Developer shall indemnify and hold City and its
elected and appointed officers, agents, employees, and representatives harmless from and against
any and all claims, costs, liabilities and damages (including attorneys’ fees and costs), including
without limitation bodily injury, death, or property damage, resulting directly or indirectly from
the approval or implementation of this Agreement, the development and construction of the
Project by or on behalf of Developer, or from any operations performed under this Agreement,
whether such operations were performed by Developer or any of Developer’s contractors,
subcontractors, agents or employees, except to the extent such claims, costs and liabilities arise
from the active negligence or willful misconduct of City, its elected and appointed officers,
agents, employees, representatives, contactors or subcontractors.
8. DEFAULT AND REMEDIES.
8.1 Breach. Subject to extensions of time under this Agreement or by mutual consent
in writing, the failure or delay by either Party to perform any term or provision of this Agreement
or the Purchase Agreement shall constitute a breach of this Agreement. In the event of alleged
breach of any terms or conditions of this Agreement or the Purchase Agreement, the Party
alleging such breach shall give the other Party notice in writing specifying the nature of the
breach and the manner in which said breach or default may be satisfactorily cured, and the Party
OAK #4834-2306-3595 v11 18
in breach shall have thirty (30) days following such notice (“Cure Period”) to cure such breach,
except that in the event of a breach of an obligation to make a payment, the Party in breach shall
have ten (10) days to cure the breach. If the breach is of a type that cannot be cured within thirty
(30) days, the breaching Party shall, within a thirty (30) day period following notice to the non-
breaching Party, notify the non-breaching Party of the time it will take to cure such breach which
shall be a reasonable period under the circumstances (“Extended Cure Period”); commence to
cure such breach; and be proceeding diligently to cure such breach. During the Cure Period or
Extended Cure Period, the Party charged shall not be considered in default for purposes of
termination or institution of legal proceedings; but the City’s right to refuse to issue a permit or
Subsequent Project Approval, under Section 7.3, shall not be limited by this provision. The
failure of any Party to give notice of any breach shall not be deemed to be a waiver of that
Party’s right to allege any other breach at any other time. The terms of this Agreement do not
limit the City’s rights under the Purchase Agreement.
8.2 Default. If the breaching Party has not cured such breach within the Cure Period
or the Extended Cure Period, if any, such Party shall be in default (“Default”), and the non-
breaching Party, at its option, may terminate the Agreement, institute legal proceedings pursuant
to this Agreement and shall have such remedies as are set forth in Section 8.4 below.
8.3 Withholding of Permits. In the event of a Default by Developer, City shall have
the right to refuse to issue any permits or other approvals to which Developer would otherwise
have been entitled pursuant to this Agreement. This provision is in addition to and shall not limit
any actions that City may take to enforce the conditions of the Project Approvals.
8.4 Remedies.
(a) In the event of a Default by City or Developer, the non-defaulting Party
shall have the right to terminate this Agreement upon giving notice of intent to terminate
pursuant to Government Code Section 65868 and regulations of City implementing such section.
Following notice of intent to terminate, the matter shall be scheduled for consideration and
review in the manner set forth in Government Code Section 65867 and City regulations
implementing said section. Following consideration of the evidence presented in said review
before the City Council, either Party alleging Default by the other Party may give written notice
of termination of this Agreement to the other Party. Termination of this Agreement shall be
subject to the provisions of Section 7.8(c) below.
(b) City and Developer agree that in the event of Default by City, the Parties
intend that the only remedy shall be declaratory relief or specific performance of this Agreement.
The Parties further agree that in the event of Default by Developer , the City’s primary remedy
would be specific performance of the terms and provisions of this Agreement. In no event shall
either Party be entitled to any actual, consequential, punitive, or special damages. If City issues
an Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by
Developer in the future, and if Developer then fails to satisfy such condition, City shall be
entitled to specific performance for the purpose of causing Developer to satisfy such condition.
(c) In addition to any other rights or remedies, either Party may institute legal
action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to
OAK #4834-2306-3595 v11 19
enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent
with the purpose of this Agreement except as limited by Section 7.4(b) above. Any such legal
action shall be brought in the Superior Court for Sonoma County, California.
8.5 Periodic Review.
(a) The annual review date for this Agreement shall be the month and day of
the Effective Date. No later than 60 calendar days prior to the annual review date, Developer
shall submit to the City an accounting of the fees due and paid to the City, any assignments or
transfers of the Property and all construction of public improvements under this Agreement.
Developer shall initiate the annual review by submitting a written request to the Planning
Director. Developer shall submit an application and pay all legally required fees as required by
the City, and provide evidence as determined necessary by the Director to demonstrate good
faith compliance with the provisions of this Agreement. However, failure to initiate the annual
review within 30 days of receipt of written notice to do so from City shall not constitute a
Default by Developer under this Agreement, unless City has provided actual notice and
opportunity to cure and Developer has failed to so cure.
(b) The annual review required by Government Code section 65865.1 and the
City Municipal Code shall be conducted as provided herein:
(i) The City Manager shall review Developer’s submission to
ascertain whether Developer has complied in good faith with the terms of this Agreement. If the
City Manager finds good faith compliance by Developer with the terms of this Agreement, the
City Manager shall so notify Developer and the City Council in writing and the review for that
period shall be concluded. If the City Manager finds good faith compliance with this
Agreement, the notification to the City Council shall not require a hearing of any kind or an
appearance from Developer. If the City Manager is not satisfied that the Developer is
performing in accordance with the material terms and conditions of this Agreement, the City
Manager shall refer the matter to the City Council for a determination as to compliance with this
Agreement and notify Developer in writing at least ten days in advance of the time at which the
matter will be considered by the City Council.
(ii) In the event that the City Manager is not satisfied pursuant to
section (b)(i) above, the City Council shall conduct a hearing at which Developer must submit
evidence that it has complied in good faith with the terms and conditions of this Agreement. The
findings of the City Council on whether Developer has complied with this Agreement for the
period under review shall be based upon substantial evidence in the record. If the City Council
determines that, based upon substantial evidence, Developer has complied in good faith with the
terms and conditions of this Agreement, the review for that period shall be concluded. If,
however, the City Council determines, based upon substantial evidence in the record, that there
are significant questions as to whether Developer has complied in good faith with the terms and
conditions of this Agreement, the City Council may continue the hearing and shall notify
Developer of the City’s intent to meet and confer with Developer within 30 days of such
determination, prior to taking further action. Following the 30-day time period, the City Council
shall resume the hearing in order to further consider the matter and to make a determination,
regarding Developer’s good faith compliance with the terms and conditions of the Agreement
OAK #4834-2306-3595 v11 20
and to take those actions it deems appropriate, including but not limited to, termination of this
Agreement, in accordance with California Government Code section 65865.1 and the City
Municipal Code.
(c) Failure of City to conduct an annual review shall not constitute a waiver
by the City of its rights to otherwise enforce the provisions of this Agreement nor shall
Developer have or assert any defense to such enforcement by reason of any such failure to
conduct an annual review.
(d) If, after an annual review, City finds Developer has complied in good faith
with this Agreement, City shall promptly following Developer’s request issue to Developer a
certificate of compliance certifying that Developer has so complied through the period of the
applicable annual review. The Certificate of Compliance must be in recordable form and must
contain such information as may be necessary to impart constructive notice of City’s finding.
Developer may record the Certificate of Compliance in the Official Records of the County of
Contra Costa.
8.6 Enforced Delay; Extension of Time of Performance. Subject to the limitations set
forth below, performance by either party hereunder shall not be deemed to be in default, and all
performance and other dates specified in this Agreement shall be extended, where delays are due
to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God;
acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental
restrictions or priority; litigation; unusually severe weather; acts or omissions of the other Party;
or acts or failures to act of any other public or governmental agency or entity (other than the acts
or failures to act of City which shall not excuse performance by City). An extension of time for
any such cause shall be for the period of the enforced delay and shall commence to run from the
time of the commencement of the cause but in any event shall not exceed a cumulative total of
two (2) years. Developer acknowledges that adverse changes in economic conditions, either of
Developer specifically or the economy generally, changes in market conditions or demand,
and/or inability to obtain financing or other lack of funding to complete the work of on-site and
off-site improvements shall not constitute grounds of enforced delay pursuant to this Section.
Developer expressly assumes the risk of such adverse economic or market changes and/or
financial inability, whether or not foreseeable as of the Effective Date.
8.7 Resolution of Disputes. With regard to any dispute involving the Project, the
resolution of which is not provided for by this Agreement, the Purchase Agreement, or
Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such
meetings shall attempt in good faith to resolve any such disputes. Nothing in this Section shall in
any way be interpreted as requiring that Developer and City and/or City’s designee reach
agreement with regard to those matters being addressed, nor shall the outcome of these meetings
be binding in any way on City or Developer unless expressly agreed to by the parties to such
meetings.
8.8 Termination. This Agreement shall terminate upon the earlier of (i) expiration of
the Term, or (ii) when the Property has been fully developed and all of Developer’s obligations
have been fully satisfied as reasonably determined by City, or (iii) after all appeals have been
exhausted before a final court of judgment, or issuance of a final court order directed to the City
OAK #4834-2306-3595 v11 21
to set aside, withdraw, or abrogate the City’s approval of this Agreement or any material part
thereof. Upon termination of this Agreement as to all of the Property, at the request of
Developer, the City shall record a Notice of Termination for each affected parcel in a form
satisfactory to the City Attorney in the Office of the Sonoma County Recorder. In the event this
Agreement is terminated, neither party shall have any further rights or obligations hereunder,
except for those obligations of Developer set forth in Sections 4.2 (Prevailing Wage), 7.5
(Cooperation in the Event of Legal Challenge), and 7.6 (Indemnity and Hold Harmless).
9. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.
9.1 Mortgagee Protection. This Agreement shall be superior and senior to all liens
placed upon the Property or any portion thereof after the date on which this Agreement or a
memorandum thereof is recorded, including the lien of any deed of trust or mortgage
(“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid,
diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms
and conditions contained in this Agreement shall be binding upon and effective against all
persons and entities, including all deed of trust beneficiaries or mortgagees (“Mortgagees”) who
acquire title to the Property or any portion thereof by foreclosure, trustee’s sale, deed in-lieu-of
foreclosure, voluntary transfer or otherwise.
9.2 Mortgagee Obligations. City, upon receipt of a written request from a foreclosing
Mortgagee, shall permit the Mortgagee to succeed to the rights and obligations of Developer
under this Agreement and the Purchase Agreement, provided that all defaults by Developer
hereunder that are reasonably susceptible of being cured are cured by the Mortgagee as soon as
reasonably possible, provided, however, that in no event shall such Mortgagee personally be
liable for any defaults or monetary obligations of Developer arising prior to acquisition of
possession of such property by such Mortgagee. The foreclosing Mortgagee shall have the right
to find a substitute developer to assume the obligations of Developer, which substitute shall be
considered for approval by the City pursuant this Agreement. In any event, a Mortgagee shall
not be entitled to devote the Property to any use except in full compliance with the Project
Approvals nor to construct any improvements thereon or institute any uses other than those uses
or improvements provided for or authorized by the Agreement or the Project Approvals.
9.3 Notice of Default to Mortgagee. If City receives notice from a Mortgagee
requesting a copy of any notice of default given to Developer and specifying the address for
service thereof, City shall endeavor to deliver to the Mortgagee, concurrently with service
thereof to Developer, all notices given to Developer describing all claims by the City that
Developer has defaulted hereunder. If City determines that Developer is not in compliance with
this Agreement, City also shall endeavor to serve notice of noncompliance on the Mortgagee
concurrently with service on Developer. Each Mortgagee shall have the right, but not the
obligation, during the same period available to Developer to cure or remedy, or to commence to
cure or remedy, the condition of default claimed or the areas of noncompliance set forth in City’s
notice.
OAK #4834-2306-3595 v11 22
10. ASSIGNABILITY.
10.1 Assignment by Developer. Developer may not convey, assign or transfer
(“Transfer”) any of its interests, rights or obligations under this Agreement without the prior
written consent of City, which consent shall not be unreasonably withheld or delayed. Any
Transfer of all or a portion of this Agreement shall be documented by an Assignment and
Assumption Agreement in a form reasonably acceptable to the City. In no event shall the
obligations conferred upon Developer under this Agreement be transferred except through a
transfer of all or a portion of the Property. Should Developer transfer any of its interests, rights
or obligations under this Agreement in connection with a transfer by Developer of a portion of
the Property (such Transfer, a "Partial Assignment"), such Partial Assignment shall be
documented by an Assignment and Assumption Agreement in the form attached hereto as
Exhibit C or such other form reasonably acceptable to the City. To the extent provided in the
Assignment and Assumption Agreement, the transferee of such interests, rights or obligations
under this Agreement (each, a "Partial Transferee") shall only be liable for performance of the
obligations of Developer under this Agreement (including, without limitation, indemnification
obligations and the obligation to install public improvements and pay fees) related to the portion
of the Property transferred to such Partial Transferee, and no Default by Developer or any other
assignee who received a Partial Assignment hereunder shall constitute an event of Default
hereunder by such Partial Transferee. Should Developer transfer any of its interests, rights or
obligations under this Agreement, it shall nonetheless remain liable for performance of the
obligations for installation of public improvements and payment of fees, unless the transferee
agrees to be bound by the relevant terms of the Agreement, including the obligations for
installation of public improvements and payment of fees. During the Term, Developer shall
provide City with written notice of a request to Transfer any interest in this Agreement 90 days
prior to any such contemplated Transfer. Any such request for a Transfer shall be accompanied
by quantitative and qualitative information that substantiates, to the City’s satisfaction, that the
proposed transferee has the capability to fulfill the rights and obligations of this Agreement.
Within 45 days of such a request and delivery of information, the City Manager shall make a
determination, in his or her sole discretion, as to whether the Transfer shall be permitted or
whether such Transfer necessitates an Amendment to this Agreement, subject to approval by the
City Council. Each successor in interest to Developer shall be bound by all of the terms and
provisions applicable to the portion of the Property acquired. This Agreement shall be binding
upon and inure to the benefit of the Parties’ successors, assigns and legal representatives. This
Agreement shall be recorded by the City in the Sonoma County Recorder’s Office promptly
upon execution by each of the Parties.
10.2 Covenants Run With The Land. All of the provisions, agreements, rights, powers,
standards, terms, covenants and obligations contained in this Agreement and the Purchase
Agreement incorporated herein by reference shall run with the land and shall be binding upon the
Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns,
devisees, administrators, representatives, lessees and all other persons or entities acquiring the
Property, any lot, parcel or any portion thereof and any interest therein, whether by sale,
operation of law or other manner, and shall inure to the benefit of the Parties and their respective
successors.
OAK #4834-2306-3595 v11 23
10.3 Pre-Approved Transfers. The following transfers shall not require approval by
the City, and shall automatically, upon the satisfaction of the conditions in Section 9.1 above,
result in the release of Developer of its obligations hereunder as they may relate specifically to
the specific property or asset sold or transferred: (a) prior to the issuance of any Building
Permits, sale or lease of the Property in its entirety to any corporation, limited liability company,
partnership or other entity which is controlling of, controlled by or under common control with
Developer and “control” for purposes of this definition means effective management and control
of the other entity, subject only to major events requiring the consent or approval of the other
members of such entity; and (b) a loan or mortgage pertaining to the Property.
10.4 Non-Assuming Transferees. Except as otherwise required by a transferor, the
burdens, obligations and duties of such transferor under this Agreement shall not apply to any
purchaser of any individual house offered for sale. The transferee in a transaction described
above and the successors and assigns of such a transferee shall be deemed to have no obligations
under this Agreement, but shall continue to benefit from the vested rights provided by this
Agreement for the duration of the Term hereof. Nothing in this Section shall exempt any
property transferred to a non-assuming transferee from payment of applicable fees, taxes and
assessments or compliance with applicable conditions of approval.
10.5 Foreclosure. Nothing contained in this Section shall prevent a transfer of the
Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of
foreclosure, and any lender acquiring the Property, or any portion thereof, as a result of
foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and
obligations of Developer under this Agreement; provided, however, in no event shall such lender
be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title
to the Property by such lender, and provided further, in no event shall any such lender or its
successors or assigns be entitled to a Building Permit or occupancy certificate until all fees due
under this Agreement (relating to the portion of the Property acquired by such lender) have been
paid to City.
11. GENERAL.
11.1 Controlling Law. This Agreement shall be governed by the laws of the State of
California, without reference to choice of laws principles.
11.2 Construction of Agreement. The language in this Agreement in all cases shall be
construed as a whole and in accordance with its fair meaning. Each reference in this Agreement
to this Agreement or any of the Existing Project Approvals or Subsequent Ministerial or
Discretionary Approvals shall be deemed to refer to the Agreement, Project Approval or
Subsequent Ministerial or Discretionary Approval as it may be amended from time to time,
whether or not the particular reference refers to such possible amendment. Section headings in
this Agreement are for convenience only and are not intended to be used in interpreting or
construing the terms, covenants or conditions of this Agreement. This Agreement has been
reviewed and revised by legal counsel for both City and Developer, and no presumption or rule
that ambiguities shall be construed against the drafting party shall apply to the interpretation or
enforcement of this Agreement. Unless the context clearly requires otherwise, (i) the plural and
singular numbers shall each be deemed to include the other; (ii) the masculine, feminine, and
OAK #4834-2306-3595 v11 24
neuter genders shall each be deemed to include the others; (iii) “shall,” “will,” or “agrees” are
mandatory, and “may” is permissive; (iv) “or” is not exclusive; (v) “include,” “includes” and
“including” are not limiting and shall be construed as if followed by the words “without
limitation,” and (vi) “days” means calendar days unless specifically provided otherwise.
11.3 No Waiver. No delay or omission by the City or Developer in exercising any
right or power accruing upon the other Party’s noncompliance or failure to perform under the
provisions of this Agreement shall impair or be construed to waive any right or power. A waiver
by City or Developer of any of the covenants or conditions to be performed by the other Party
shall not be construed as a waiver of any succeeding breach of the same or other covenants and
conditions.
11.4 Agreement is Entire Agreement. This Agreement and all exhibits attached hereto
or documents incorporated herein by reference, including without limitation the Purchase
Agreement, are the sole and entire agreement between the Parties concerning the Property. In
the event of a conflict between this Agreement and the Purchase Agreement, the terms of this
Agreement shall prevail. The Parties acknowledge and agree that they have not made any
representation with respect to the subject matter of this Agreement or any representations
inducing the execution and delivery, except representations set forth herein, and each Party
acknowledges that it has relied on its own judgment in entering this Agreement. The Parties
further acknowledge that all statements or representations that heretofore may have been made
by either of them to the other are void and of no effect, and that neither of them has relied
thereon in its dealings with the other.
11.5 Estoppel Certificate. City or Developer from time to time may deliver written
notice to the other Party requesting written certification that, to the knowledge of the certifying
Party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the
Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or, if it
has been amended or modified, specifying the nature of the amendments or modifications, and,
(iii) the requesting Party does not have knowledge of default in the performance of its
obligations under this Agreement, or if in known default, describing therein the nature and
monetary amount, if any, of the default.
11.6 Further Documents. Each Party shall execute and deliver to the other all other
instruments and documents as may be reasonably necessary to carry out this Agreement.
11.7 Time of Essence. Time is of the essence in the performance of each and every
covenant and obligation to be performed by the Parties hereunder.
11.8 Construction. This Agreement has been reviewed and revised by legal counsel
for both the City and Developer and no presumption or rule that ambiguities shall be construed
against the drafting Party shall apply to the interpretation or enforcement of this Agreement.
11.9 Notices. Except as otherwise expressly provided herein, all notices and demands
pursuant to this Agreement shall be in writing and delivered in person, by commercial courier or
by first-class certified mail, postage prepaid. Except as otherwise expressly provided herein,
notices shall be considered delivered when personally served, upon delivery if delivered by
OAK #4834-2306-3595 v11 25
commercial courier, or two (2) days after mailing if sent by mail. Notices shall be sent to the
addresses below for the respective Parties; provided, however, that any Party may change its
address for purposes of this Section by giving written notice to the other Parties. These
addresses may be used for service of process:
City: City Clerk
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
with copy to: Michelle Marchetta Kenyon
City Attorney
City of Rohnert Park
1901 Harrison Street, 9th Floor
Oakland, California 94612
Developer: Stadium RP Development Partners, LLC
c/o MJW Investments, LLC
1278 Glenneyre Street, Suite 439
Laguna Beach, CA 92651
Attention: Matthew J. Waken
with copy to: Palmieri, Tyler, Weiner, Wilhelm &
Waldron LLP
1900 Main Street, Suite 700
Irvine, California 92614
Attention: Stephen A. Scheck
The provisions of this Section shall be deemed directive only and shall not detract from the
validity of any notice given in a manner that would be legally effective in the absence of this
Section.
11.10 Developer is an Independent Contractor. Developer is not an agent or employee
of City, but is an independent contractor with full rights to manage its employees subject to the
requirements of the law. All persons employed or utilized by Developer in connection with this
Agreement are employees or contractors of Developer and shall not be considered employees of
City in any respect.
11.11 No Joint Venture. It is specifically understood and agreed that the Project is a
private development. No partnership, joint venture or other association of any kind between City
and Developer is formed by this Agreement.
11.12 Nondiscrimination. Developer shall not discriminate, in any way, against any
person on the basis of race, color, national origin, gender, marital status, sexual orientation, age,
creed, religion or disability in connection with or related to the performance of this Agreement.
OAK #4834-2306-3595 v11 26
11.13 No Third Party Beneficiary. This Agreement shall not be construed or deemed to
be an Agreement for the benefit of any third party or parties, and no third party or parties shall
have any claim or right of action hereunder for any cause whatsoever.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
OAK #4834-2306-3595 v11 27
IN WITNESS WHEREOF, this Agreement has been entered into by and between the
Parties as of the Effective Date.
CITY:
City of Rohnert Park, a
California municipal corporation
By:
Darrin W. Jenkins
City Manager
APPROVED AS TO FORM:
By:
Michelle Marchetta Kenyon
City Attorney
ATTEST:
By:
JoAnne Buergler
City Clerk
DEVELOPER:
Stadium RP Development Partners,
LLC, a California limited liability
company
By:
Name Matthew J. Waken,
Manager
OAK #4834-2306-3595 v11
EXHIBIT A
LEGAL DESCRIPTION
[to be inserted]
OAK #4834-2306-3595 v11
EXHIBIT B
DEPICTION OF MARTIN AVENUE IMPROVEMENTS
[to be inserted]
OAK #4834-2306-3595 v11
EXHIBIT C
PARTIAL ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attention:
(Space Above For Recorder's Use)
PARTIAL ASSIGNMENT AND ASSUMPTION
OF DEVELOPMENT AGREEMENT AND CONSENT OF CITY
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT AND CONSENT OF CITY (this "Assignment") is made effective as of
______________, 20___ (the "Effective Date"), by and between STADIUM RP
DEVELOPMENT PARTNERS, LLC, a California limited liability company ("Assignor") and
________________________________, a _______________________________________
("Assignee"), with reference to the following:
R E C I T A L S
A. That certain real property described in Exhibit A, attached hereto and incorporated
herein by reference, (the “Property”), is subject to that certain development agreement entered by
and between the City and Assignor, which was approved pursuant to Ordinance No.
and recorded in the Official Records as Document No. (the
“Development Agreement”).
B. Assignor has now entered into an with
Assignee, dated as of (the “Purchase Agreement”), pursuant to which, among
other things, Assignor has agreed to transfer and convey to Assignee all of Assignor’s rights in
and to the portion of the Property described in Exhibit B attached hereto (the “Assigned
Property”), and cause Assignor to assign to Assignee certain rights, title and interest in and to the
Development Agreement to the extent relating to the Property, as described below. Development
of on the Assigned Property in accordance with the Development
Agreement and entitlements referred to therein is referred to herein as the “Project.” That portion
of the Property that is not the Assigned Property or has been otherwise assigned by Assignor in
accordance with the Development Agreement is referred to herein as the “Remaining Property.”
OAK #4834-2306-3595 v11
NOW, THEREFORE, Assignor and Assignee agree as follows:
1. Assignment. For and in consideration of the mutual covenants and agreements
contained in this Assignment, and other good and valuable consideration, the receipt and adequacy
of which is acknowledged, Assignor assigns to Assignee only the following rights and obligations
(referred to herein as the “Assigned Rights and Obligations”) as these pertain to the Assigned
Property:
(a) [insert applicable sections of the DA] ; and
(b) [insert applicable sections of the DA], as to the Assigned Property .
Assignee hereby acknowledges that the Assigned Rights and Obligations are subject to the
timing and phasing of the development of the Property as set forth in the Development Agreement.
2. Remaining Obligations. Assignor acknowledges and agrees that it remains subject
to all rights and obligations set forth in the Development Agreement, except the Assigned Rights
and Obligations expressly set forth in Section 1 above (the “Remaining Rights and
Obligations”). The Remaining Rights and Obligations include without limitation the following:
(a) Sections [insert applicable sections of the DA]; and
(b) Sections [insert applicable sections of the DA], as to the Remaining
Property.
3. Acceptance and Assumption. Assignee hereby accepts the assignment of the
Assigned Rights and Obligations from Assignor, and assumes and agrees to perform all of the
Assigned Rights and Obligations.
4. Further Assurances. Assignor hereby covenants that it will, at any time and from
time to time upon written request therefor, execute and deliver to Assignee, its nominees,
successors and/or assigns, any new or confirmatory instruments and do and perform any other acts
which Assignee or its nominees, successors and/or assigns may request in order to fully transfer
possession and control of, and protect the rights of Assignee and its successors and/or assigns in,
all the rights, benefits and privileges intended to be transferred and assigned hereby. Assignee
hereby covenants that it will, at any time and from time to time upon written request therefor,
execute and deliver to Assignor, its nominees, successors and/or assigns, any new or confirmatory
instruments and do and perform any other acts which Assignor or its nominees, successors and/or
assigns may request in order to fully confirm and vest in Assignor and its successors and/or assigns
in, all the obligations, rights, benefits and privileges intended to be transferred by the acceptance
and assumption herein.
5. Successors. This Assignment shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
6. Counterparts. This Assignment may be executed in counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and the same
instrument.
OAK #4834-2306-3595 v11
7. Amendment. This Assignment may only be amended or modified by a written
instrument executed by all of the parties hereto with the prior written consent of the City of Rohnert
Park.
8. Governing Law. The validity, interpretation and performance of this Assignment
shall be controlled by and construed under the laws of the State of California.
9. Attorneys’ Fees. Should any dispute arise between the parties hereto or their legal
representatives, successors or assigns concerning any provision of this Assignment or the rights
and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled,
in addition to such other relief that may be granted, to receive from the other party all costs and
expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with
such dispute.
10. Entire Agreement. This Assignment, together with the Purchase Agreement,
constitutes the entire agreement among the parties hereto with respect to the subject matter hereof,
and supersedes all prior understandings or agreements. In the event of any conflict between this
Assignment and the Purchase Agreement, the terms of the Purchase Agreement shall govern and
control.
11. Severability. If any term, covenant, condition or provision of this Assignment, or
the application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction or otherwise by law rendered invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Assignment, or the application thereof to
any person or circumstance, shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
12. Notices. All notices shall be in writing, and shall be given in the manner prescribed
by Section 11.9 of the Development Agreement. Pursuant to Section 11.9 of the Development
Agreement, the address for Assignee is: [to be inserted]
14. Authority. Each individual executing this Assignment on behalf of a corporation
or other legal entity represents and warrants that: (a) he or she is duly authorized to execute and
deliver this Assignment on behalf of said corporation or other legal entity in accordance with and
without violating the provisions of its governing documents, and (b) this Assignment is binding
upon and enforceable against said corporation or other legal entity in accordance with its terms.
Any entity signing this Assignment on behalf of a corporation or other legal entity hereby
represents and warrants in its own capacity that it has full authority to do so on behalf of the
corporation or other legal entity.
IN WITNESS WHEREOF, the parties have entered into this Assignment as of the
Effective Date.
OAK #4834-2306-3595 v11
ASSIGNOR: STADIUM RP DEVELOPMENT
PARTNERS, LLC,
a California limited liability company
By:
Name: Matthew J. Waken
Its: Manager
ASSIGNEE: ________________________________,
a ______________________________
By:
Name:
Its:
CONSENT OF CITY
The City hereby consents to the foregoing Partial Assignment and Assumption of
Development Agreement, pursuant to Section 10.1 of the Development Agreement.
CITY:
City of Rohnert Park, a municipal
corporation
By:
City Manager
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
OAK #4834-2306-3595 v11
[The applicable Exhibit A and B will be inserted into execution version]
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RESOLUTION NO. 2017-011
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A TENTATIVE MAP TO
ALLOW THE SUBDIVISION OF PROPERTY LOCATED AT 5900 LABATH AVENUE
(APN 043-040-124) INTO FIVE PARCELS
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use
Permit), and a Development Agreement and Planning Application No. PLEN 2016-0003 for the
related certification of a Mitigated Negative Declaration (“MND”) and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel
located at 5900 Labath Avenue (APN 143-040-124) (the “Project”), in accordance with the City
of Rohnert Park Municipal Code (“RPMC”); and
WHEREAS, the Planning Commission reviewed the MND for the Project;
recommended approval by the City Council and has otherwise carried out all requirements for
the Project pursuant to CEQA; and
WHEREAS, the Planning Commission reviewed the General Plan Amendment and
SAMP Amendment for the Project; and recommended approval by the City Council; 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 property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice; and
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing
which was continued to December 22, at which time interested persons had an opportunity to
testify either in support or opposition to the Project; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in Planning Application No. PLDV2016-0001 for the proposed Tentative Map for the
Project; and
WHEREAS, the Planning Commission voted 4-0, to recommend approval of the
proposed Tentative Map and the Conditions of Approval; and
WHEREAS, on January 10, 2017, the City Council held a public hearing at which time
interested persons had an opportunity testify either in support or opposition to the proposed
Tentative Map; and
WHEREAS, the City Council has reviewed and considered the information contained in
the proposed Tentative Map application for the Project.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park makes the following findings, determinations and recommendations with respect to the
proposed Tentative Map for the property:
Section 1. The above recitations are true and correct.
Section 2. The City Council approved the Mitigated Negative Declaration for this
Project on January 10, 2017, concurrently with the City Council’s approval of this Resolution.
Section 3. Findings Regarding Tentative Map. The City Council makes the
following findings concerning the Tentative Map Application No. PLSD2016-0001 pursuant to
Government Code § 66474:
1. The proposed map, and its design and improvements, are consistent with the
general plan and any applicable specific plan, any policy or guideline
implementing the general plan (including the city’s design guidelines), or other
applicable provisions of this code.
Criteria Satisfied. The proposed Tentative Map is consistent with the General
Plan designations for the area, as well as the Stadium Area Master Plan that
applies to the property, as recommended to be amended to the City Council. The
proposed tentative map will implement the General Plan by providing regional
commercial and retail services and increasing the City’s existing housing stock.
The proposed tentative map is consistent with the Stadium Area Master Plan
(SAMP) as recommended to be amended by the City Council. It proposes to
subdivide the property according to the SAMP’s requirements related to
commercial development location, residential housing locations,
public/institutional development locations, public park location, public
improvements, and related amenities. The Tentative Map depicts the specific
commercial, public institutional, public park and residential parcels consistent
with those in the Stadium Area Master Plan, as recommended to be amended to
the City Council.
2. The site is physically suitable for the type of development.
Criteria Satisfied. The tentative map reflects the specific plan for this site, as
recommended to be amended, which is physically suitable for the proposed
development. No major geologic hazards have been reported on the site or other
limited conditions that would render it unsuitable for commercial, residential and
public development.
3. The site is physically suitable for the proposed density of development.
Criteria Satisfied. The site is of sufficient size and shape and appropriately
shown in the Stadium Area Master Plan, as recommended to be amended, to
allow the proposed density of development. The subdivision has been designed to
accommodate the future development of residential, commercial and public land
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uses, taking into consideration the shape and topography of the site. This
development is consistent with the land use designations provided for in the
Stadium Area Master Plan, as recommended to be amended.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, absent a statement of overriding conditions.
Criteria Satisfied. An Environmental Impact Report (EIR) for the Stadium Area
Master Plan (State Clearinghouse Number 2005042111) was prepared and
certified by the City Council on June 10, 2008 by Resolution 2008-086, which
described potential impacts related to the development of the site with the
proposed uses. The EIR concluded that the majority of the impacts of the project
could be mitigated or substantially lessened with the adopted mitigation measures.
However, cumulative impacts which require action by other agencies to fully
mitigate are beyond the City’s control and City Council adopted associated
CEQA Findings, a Statement of Overriding Considerations, and the Mitigation
Monitoring and Reporting Program. A subsequent Mitigated Negative
Declaration been prepared and recommended for approval which concludes that
any impacts that result from proposed changes to the project can be adequately
mitigated and would not result in any significant effects not disclosed in the EIR.
5. The design of the subdivision or the type of improvements will not cause serious
public health problems.
Criteria Satisfied. The design of the subdivision and all proposed improvements
are consistent with the RPMC, the Final EIR and Mitigated Negative Declaration
and the City’s Manual of Standards. These standards promote the health and well-
being of residents of and visitors to the project and the surrounding land uses. The
design of the Tentative Map is in conformance with the City’s General Plan,
Zoning Ordinance, as recommended to be amended, and Subdivision Ordinance.
The Tentative Map does not include improvements and further subdivision of the
site would be required to develop this site, therefore public health problems would
not occur with this map.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
with the proposed subdivision, absent alternative, equivalent easements.
Criteria Satisfied. The project site is not subject to any existing easements
acquired by the public at large for access through will respect all existing
easements, and any new easements required by the project have been made
conditions of the map approval.
7. Any proposed phases and their proposed sequence of construction are identified
on the submitted map.
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Criteria Satisfied. The submitted map indicates two construction phases with the
sequencing clearly indicated upon the map.
Section 4. The City Council adopts the Findings hereinabove; and adopts and approves
Application No. PLSD2016-0001, proposing a Tentative Map for a proposed project on a 15.30
acre parcel located at 5900 Labath Avenue (APN 143-040-124), attached as Exhibit 1, and the
Conditions of Approval, attached as Exhibit 2.
Section 5. This resolution is effective upon the effective date of the Ordinance approving
the Development Agreement for the Residences at Five Creek project.
DULY AND REGULARLY ADOPTED on this 10th day of January, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit 1 and Exhibit 2
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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EXHIBIT 1
PROPOSED TENTATIVE MAP
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EXHIBIT 2
RECOMMENDED CONDITIONS OF APPROVAL
RESIDENCES AT FIVE CREEK TENTATIVE MAP
ON-GOING CONDITIONS
The conditions below shall apply to the Tentative Map (TM) for the Residences at Five Creek
project (Project) within the Stadium Area Master Plan (SAMP). The Project shall be developed
in accordance with the General Plan (GP), the SAMP, Mitigation Measures identified in the
Stadium Area Master Plan Environmental Impact Report (EIR) and subsequent Mitigated
Negative Declaration (MND), the Development Agreement (DA) between the City and Stadium
RP Development Partners LLC, the Rohnert Park Municipal Code (RPMC) and the Design and
Construction Standards.
The Conditions of Approval as stated herein are the obligation of the applicant/developer and
place no obligation either express or implied on the City. These Conditions of Approval run with
this TM as approved regardless of ownership at time of recording.
The proposed map was reviewed and the following conditions of approval were developed based
upon the Tentative Map, dated November 2016, prepared by Civil Design Consultants, Sheets 1-
13.
General Requirements
1) The applicant shall comply with all documents approved by the City Council and adhere
to all exhibits presented by the applicant at the Planning Commission and\or City Council
meeting for approval of the SAMP and the Project unless subsequently revised by the
City.
2) In case of conflict between the various documents, the following order shall prevail:
General Plan as amended, Mitigation Measures for the Final Environmental Impact
Report (FEIR) and the subsequent Mitigated Negative Declaration, the Stadium Area
Master Plan and Final Development Plan including Conditions of Approval,
Development Agreement (DA), Tentative Map and its Conditions of Approval, Rohnert
Park Municipal Code (RPMC), and Design and Construction Standards.
3) The applicant shall comply with the EIR and the subsequent MND. In addition the
applicant shall pay the cost to monitor the Mitigation Measures identified in the EIR and
the subsequent MND on file in the Development Services Department. The requirements
contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be
incorporated into these conditions and constructed in accordance with the MMRP.
4) The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents,
elected and appointed officials, and employees, from any and all liability or claims that
may be brought against the City arising out of its approval of this Tentative Map and
associated entitlements pertaining to the Residences at Five Creek project save and
except that caused by the City’s active negligence.
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5) By accepting the benefits conferred under this TM, the applicant acknowledges all the
conditions imposed and accepts this TM subject to those conditions with full awareness
of the provisions of the SAMP Planned Development, as may be amended from time to
time, and the RPMC, as applicable.
6) The use of the property by the applicant/grantee for any activity authorized by this TM
shall constitute acceptance of all of the conditions and obligations imposed by the City on
this TM. The applicant/grantee by said acceptance waives any challenge as to the validity
of these conditions.
Requirements for Final Map Submittal and Content
7) The final map shall be prepared by a licensed surveyor or civil engineer, showing all
parcels, rights-of-way, and easement(s).
8) The final map shall be submitted with a completed Land Development Review Submittal
Sheet, Final Map Completeness Checklist and Final Map Submittal Checklist as available
on the City web-site and any and all applicable fees.
9) The final map submittal shall include a title report (within last 30 days), supporting
documents, and calculations for City Engineer review. All calculated points within the
map shall be based on one common set of coordinates. All information shown on the map
shall be directly verifiable by information shown on the closure calculation printout. The
point (s) of beginning shall be clearly defined. All lot acreages shall be shown on the map
and shall be verifiable from information shown on the closure calculation printout.
10) The local agency sheet of the final map shall include the following note:
a. “Prior to the issuance of building permits, all applicable development impact fees
shall be paid to the satisfaction of the Building Official and in accordance with
City and local district ordinances.”
11) The Owner’s Statement and Acknowledgement shall include the following language:
a. “The undersigned further relinquishes to the City of Rohnert Park all interest in
sub-surface water rights below 300 feet that they may have”.
12) The final map shall provide that all property corners of lots within the subdivision shall
be monumented in compliance with city standards.
13) The final map shall satisfy Rohnert Park Municipal Code section 16.14.010 D. 2.
regarding dedication of rights-of-way and easements. The final map shall show
dedication of the necessary right-of-way in fee title, sidewalk easements, public utility
easements and other easements for public water, sewer, and storm drain, as shown on the
tentative map or as needed per the final improvement design. Specifically but not
exclusively:
a. the final map shall include the dedications necessary to widen Carlson Avenue to
68-foot width including all frontage improvements to the southerly side of
Carlson Avenue (curb, gutter, 4.5 foot landscape parkway strip (measured from
face of curb), 5-foot wide sidewalk
b. the final map shall include a public access easement over the private extension of
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Martin Avenue in favor of Lot 5 owned by the City of Rohnert Park.
c. the final map shall include a public utility easement over the private extension of
Martin Avenue in favor of the City of Rohnert Park.
14) Limits of the 100-year flood elevation, as determined by the City, shall be shown on the
final map and labeled as “Subject to Inundation”. If any of the property shown on the
final map is labeled “subject to inundation”, a "Declaration of Restrictions" or equivalent
instrument shall be approved by the City and recorded with the final map. The following
notes shall also be provided:
a. “Portions of lot(s) are located within the 100-year flood elevation as determined
by the City of Rohnert Park. The lowest floor (as defined by the Federal
Emergency Management Administration and local ordinance) of structures will be
required to be constructed at a minimum of 1 foot above the 100-year flood
elevations (as determined by the City). Nevertheless, flooding may be
experienced on portions of these lot(s) in the event of a 100-year storm.”
b. "A Declaration of Restrictions regarding Lot Nos. is recorded with this
map as Document No. .
15) All dedications offered on the map, which do not have their appurtenant improvements
constructed within their respective areas at the time of the final map approval, if any,
shall be accepted subject to improvement or rejected, pursuant to section 66477.1(a) of
the Subdivision Map Act.
Prior to Approval of Final Map
16) Prior to the approval of the final map, the applicant shall provide evidence that its
surveyor has been retained to set all monuments required by the map.
17) Prior to or concurrent with approval of the final map, the applicant shall enter into an
Public Improvement and Termination and Supersession of Deferred Improvement
Agreement to assure construction and completion of the public improvements shown on
the map. Said agreement shall specify and be accompanied by the financial assurances
required to ensure completion of the public improvements.
18) Prior to the approval of the final map, the applicant shall secure all necessary rights-of-
way and easements for both onsite and offsite road, utility, and drainage facilities. Rights-
of-way and easements shall be dedicated on the map or provided by grant deed. The
developer shall prepare all necessary legal descriptions and deeds.