2018/01/23 City Council Ordinance 917ORDINANCE NO. 917
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING A
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND AMONG
THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN LLC REGARDING
THE SOUTHEAST SPECIFIC PLAN AREA
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 provide for necessary public improvements required by development;
WHEREAS, the City and the applicant entered into that certain "Development Agreement
by and among the City of Rohnert Park and Redwood Equities, LLC," recorded as Document No.
2010114199 in the Official Records of Sonoma County on December 15, 2010 (the "Development
Agreement") regarding development of the Southeast Specific Plan Area ("SESP"); and
WHEREAS, Government Code section 65868 provides that a development agreement
may be amended by mutual consent of the parties to the agreement or their successors in interest;
and
WHEREAS, the City and Redwood Equities entered into that certain First Amendment
to Development Agreement dated December 9, 2014 and recorded on September 29, 2015, as
Instrument No. 2015085465 in the Official Records of Sonoma County to revise the
specifications for the water tank in Section 4.12(c) of the Original Development Agreement (the
"First Amendment"); and
WHEREAS, on September 9, 2016, Redwood Equities and Penn Grove Mountain LLC,
its successor in interest, entered into an Assignment and Assumption Agreement recorded in the
Official Records of Sonoma County as Instrument No. 2017039425, whereby Redwood Equities
assigned all rights and obligations of the Development Agreement to Penn Grove Mountain LLC
and Penn Grove Mountain LLC assumed all rights and obligations of the Development
Agreement; and
WHEREAS, the applicant, Penn Grove Mountain LLC, filed Planning Application
(11LDn 17-0003) proposing an amendment to the Development Agreement, which would defer the
retitrirenient for constructing the water Cank described in Section 4.12 (c) from the 50th building
permit to the 106th building permit, allowing the first phase of the development to proceed to
completion more quickly; and
WHEREAS, staff has reviewed the proposal and determined that deferring construction
of the water tank will not adversely impact the City's ability to provide water service to the area
and will provide for an increased delivery of much-needed housing to the region; and
WHEREAS, Developer and City staff have negotiated a second Amendment to
Development Agreement ("Second Amendment) in accordance with the requirements of
Government Code § 65864, et seq., and Chapter 17.2 1, "Development Agreement Procedure," of
the Rohnert Park Municipal Code, for the Property. The Second Amendment negotiated by
Developer and the City is attached to this Ordinance as Exhibit A; and
WHEREAS, the Second Amendment extends the requirement for construction of the
1
Ord. 917
water tank from the 50th to 106" building permit, with all other terms and conditions remaining in
full force and effect; and
WHEREAS, on December 14, 2017, the Planning Commission held a public hearing at
which time the Planning Commission reviewed the Second Amendment and recommended
approval by the City Council; and
WHEREAS, in 2010, the City Council reviewed and approved the Final EIR prepared for
the project, including the Development Agreement, in accordance with CEQA; and has otherwise
carried out all requirements for the project pursuant to CEQA; and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were
mailed to all property owners within an area encompassing a three hundred foot radius of the
subject property and a public hearing notice was published for a minimum of 10 days prior to the
public hearing in the Community Voice; and
WHEREAS, on January 9, 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 Second
Amendment; and
WHEREAS, the City Council has reviewed and considered the information contained in
the Second Amendment; and
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Findings. The City Council, in reviewing Planning Application No.
PLDA17-0003 and the Second Amendment hereby makes the following findings pursuant to
Government code section 65867.5 and the RPMC:
1. The proposed Second Amendment was considered at a public hearing
Criteria Satisfied. A duly noticed public hearing regarding the Second
Amendment was held by the City Council on January 9, 2018, in conformance with
the notice provisions of Government Code sections 65090 and 65091 and the
requirements of the RPMC section 17.21.030.
2. The provisions of the proposed Second Amendment are consistent with the general
plan and any applicable specific plan
Criteria Satisfied_ . The Second Amendment is consistent with the General Plan
and would direct the project's development in an orderly manner that benefits the
City. Specifically the proposed deferral of the water tank will not adversely impact
the City's ability to provide water service and will result in more rapid delivery
housing to the regional housing stock.
3. The provisions of the proposed Second Amendment are consistent with Government
Code 65867.5(c).
Criteria Satisfied. The Development Agreement and the proposed Second
Amendment satisfy the requirements of Government Code 65867.5(c), which
specifies that a development agreement shall not be approved unless the agreement
provides that any tentative map prepared for the subdivision will comply with the
provisions of Government Code section 66473.7 (which requires that a sufficient
2
Ord. 917
water supply be available for subdivisions). The City prepared a Water Supply
Assessment to examine the demands of new development and assess the City's
supply sources to meet demand. Based on the City's Water Supply Assessment, it
was determined that sufficient sources exist to meet the demands of the City's
general plan buildout using a combination of surface water, groundwater and
recycled water. The SESP is included in the City's General Plan and, therefore, the
City's Water Supply Assessment accounts for increases in the population and use
associated with the SESP development. Because the Project is consistent with the
prior analysis and sufficient water supply is available to defer construction of the
water tank, no additional analysis is needed and the Second Amendment satisfies
the requirements of Government Code section 65867.5(c).
4. Pursuant to RPMC Section 17.21.040, the City Council has considered 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 of its contribution if any toward meeting the city's housing needs; and to any
other comparable, relevant factor.
Criteria satisfied. The Second Amendment modifies the time -frame for
construction of the water tank. Aside from that change, the Development
Agreement remains in full force. This modification will not adversely impact the
City's ability to provide water service and will result in more rapid delivery housing
to the regional housing stock. No other impacts, such as traffic, parking and visual
impacts, are affected.
SECTION 2. Compliance with the California Environmental Quality Act.
A. On December 7, 2010, the City Council of the City of Rohnert Park certified the
Final EIR for this project, including adoption of associated CEQA Findings, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described
and approved in City Council Resolution No. 2010-134.
B. CEQA Guidelines section 15162 provides that "no subsequent EIR shall be
prepared" for a project unless the lead agency determines that (1) "substantial changes are
proposed in the project which will require major revisions of the previous EIR"; or (2) "substantial
changes occur with respect to the circumstances under which the project is undertaken"; or (3)
"new information of substantial importance ... shows" one or more significant effects not
discussed in the original EIR, greater severity to previously -identified substantial effects, or newly -
found feasible mitigation measures that would substantially reduce significant effects.
C. The proposed Second Amendment, which defers construction of the water tank
until the 106th building permit, will not result in any substantial changes to the proposed project
and no new information of substantial importance shows one or more significant effects or newly
found feasible mitigation measures that would substantially reduce significant effects.
Accordingly, no subsequent EIR need be prepared.
3
Ord. 917
SECTION 3. Approval of Second Amendment. The City Council hereby approves the
Second Amendment to the Development Agreement in substantially similar form as attached
hereto and incorporated herein as Exhibit A, with minor technical, non -substantive revisions as
may be approved by the City Manager in consultant with the City Attorney.
SECTION 4. Compliance with State Law.
A. The City will act in accordance with the provisions of Government Code sections
65856 and 66006.
B. In accordance with Government Code section 65868.5, no later than 10 days after
the City enters into the Second Amendment, the City Clerk will record the Second Amendment
with the County Recorder.
C. In accordance with Government Code section 65865.1 and RPMC Section
17.21.050(A), the City will conduct an annual review of the Development Agreement, as amended,
to ensure compliance with its terms.
SECTION 5. Actions to Effectuate. The City Manager is hereby authorized and directed
to provide written consent and certifications, execute documents and take other actions on behalf
of City, which are not expressly and specifically reserved for the City Council, to implement and
effectuate the terms of the Second Amendment.
SECTION 6. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases of this
ordinance.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
4
Ord. 917
SECTION 7. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law. This ordinance was
introduced by the Council of the City of Rohnert Park on January 9, 2018, and adopted on January
23, 2018, by the following roll call vote:
AYES: Four (4) Councilmembers Ahanotu, Belforte, Mackenzie and
Mayor Stafford
NOES: None (0 )
ABSENT: One (1) Vice Mayor Callinan
ABSTAIN: None (0 )
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Pam Stafford, Mayor
5
Ord. 917
EXHIBIT A TO ORDINANCE
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Rohnert Park )
130 Avram Avenue )
Rohnert Park, CA 94928 )
Attention: City Clerk )
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is entered into as of , 2017, by and among PENN GROVE
MOUNTAIN, LLC, a California Limited Liability Company ("Developer") and the CITY OF
R01 NERT PARK, a California municipal corporation ("City"). City and Developer are
sometimes referred to herein as a "Party" and collectively as "Parties."
RECITALS
A. The City of Rohnert Park and Redwood Equities, LLC, Developer's predecessor -
in -interest ("Redwood Equities"), entered into that certain Development Agreement, as of
December 7, 2010 and recorded on December 15, 2010, as Instrument No. 2010114199 in the
Official Records of Sonoma County ("Original Development Agreement"), with respect to that
certain real property described therein and in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property").
B. Thereafter, the City and Redwood Equities entered into that certain First
Amendment to Development Agreement dated December 9, 2014 and recorded on September 29,
2015, as Instrument No. 2015085465_ in the Official Records of Sonoma County to revise the
specifications for the water tank in Section 4.12(c) of the Original Development Agreement (the
"First Amendment"). The Original Development Agreement as amended by the First
Amendment may be referred to herein as the "Development Agreement."
C. On September 9, 2016, Redwood Equities and Developer entered into an
Assignment and Assumption Agreement recorded in the Official Records of Sonoma County as
Instrument No. 2017039425, whereby Redwood Equities assigned all rights and obligations of the
Development Agreement to Developer and Developer assumed all rights and obligations of the
Development Agreement.
D. The Parties now desire to enter into this Second Amendment to Development
Agreement to modify the time by which Developer must construct the water tank to prior to the
issuance of the one -hundred and sixth (106th) residential building permit.
OAK #4833-0220-8595 v]
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth
herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Defined Terms. All capitalized terms used and not otherwise defined in this Second
Amendment shall have the same meaning as in the Development Agreement.
2. Amendment of Section 4.1 2tC of the Development Agreement. Section 4.12(C)
of the Development Agreement is hereby amended in its entirety as follows:
"C. Water Storage Tank. Prior to issuance of the one -hundred
and sixth (1061") residential building permit for the Property,
Developer shall construct and install a water storage tank that will
store 360,000 gallons of water, or other appropriate size, as
determined by City so long as the tank meets the City's minimum
storage requirements and is consistent with the EIR, Statement of
Overriding Considerations, and MMRP. The location of the water
storage tank is set forth in Exhibit E and the specifications for the
water tank are set forth in Exhibit F. Developer and City may revise
Exhibits E and F without formally amending this Development
Agreement, so long as any revisions are consistent with the EIR,
Statement of Overriding Considerations, and MMRP and comply
with all applicable laws, regulations and City requirements. The
water storage tank shall comply with all standards set forth in the
California Building Code in effect at the time the tank is constructed.
Developer shall dedicate the water storage tank to City upon its
completion."
3. Effect of Amendment. Except to the extent the Development Agreement is
modified by this Second Amendment, the remaining terms and provisions of the Development
Agreement shall remain unmodified and in full force and effect. In the event of a conflict between
the terms of the Development Agreement and the terms of this Second Amendment, the terms of
this Second Amendment shall prevail.
4. Counterparts. This Second Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
Amendment.
[SIGNATURES ARE ON FOLLOWING PAGE]
OAK #4833-0220-8595 v1 2
IN WITNESS WHEREOF, this Second Amendment has been entered into by and between
Developer and City as of the day and year first above written.
CITY:
City of Rohnert Park, a California municipal
corporation
City Manager
Approved as to Form:
By:
City Attorney
Attest:
By_...._...______ .
City Clerk
DEVELOPER:
Penn Grove Mountain, LLC
Ii y
Title:
OAK #4833-0220-8595 v1
EXHIBIT A TO ORDINANCE
ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _, 20_ before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(seal)
******************************
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness. or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _, 20_ before me, . Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:_ --
OAK #4833-0220-8595 vl Acknowledgment
(seal)
EXHIBIT A TO ORDINANCE
Exhibit A
Legal Description of the Property
[to be inserted]
OAK #4833-0220-8595 v] Exhibit A
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma )
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 917.
SUMMARY OF ORDINANCE NO. 917 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING THE
DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF ROHNERT PARK AND PENN GROVE
MOUNTAIN LLC REGARDING THE SOUTHEAST SPECIFIC PLAN AREA
was published on January 12, 2018 and January 26, 2018, as required by law, and posted
in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on January 10, 2018 and January 24, 2018.
'` -G ___1(0 C,),...c12.A.,,,,..,.
Si ned
Sub ribed and sworn to efore m, this a
1 day of 73--"1" 1-1
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance#917
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general
circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and
was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the
State of California,in and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for
the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying
subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade,
calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or
denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing
and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance#917"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),
commencing on the 12 day of January,2018 and ending on the 12 day of January,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 12 day of January,2018 at Rohnert Park,California.
Signed
SUMMARY OF ORDINANCE NO.917 OF THE CITY OF ROHNERT PARK,
CALIFORNIA,AMENDING THE DEVELOPMENT AGREEMENT B(AND
AMONG THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN LLC
REGARDING THE SOUTHEAST SPECIFIC PLAN AREA
Pursuant to Government Code Section 36933(c),the following constitutes
Claudia Smith Chief Clerk a summary of Ordinance No.917 introduced by the Rohnert Park City Council
on January 9,2018,and scheduled for consideration of adoption on January
23,2018 at its meeting to be held in the City Council Chambers,130 Avram
Avenue,Rohnert Park,California.
Penn Grove Mountain LLC,the developer of the Southeast Specific Plan
Area,is required to complete the construction a water tank before the is-
suance of the fiftieth(50th)residential building permit.The purpose of Ordi-
nance No.917 is to change the trigger from completing the water tank from
the 50th to the one hundred and sixth(106th)building permit.All other terms'
and conditions of the Development Agreement remain in full force and effect.1
A certified copy of the full text of Ordinance is posted and available for re-
view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This ordinance shall be in full force and effective thirty(30)days after its adop-
tion,and shall be publish and posted as required by law.This ordinance was
Int•,duced by the Council of the City of Rohnert Park on January 9,2018 and
is scheduled for consideration of adoption on January 23,2018.
JoAnne Buergler
Dated:January 10,2018 City Clerk
Pub:January 12,2018
The Community Voice
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 917
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park,
Summary of Ordinance No. 917" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive
time(s), commencing on the 2ó day of January, 2018 and ending on the 26 day of January, 2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 26 day of January, 2018 at Rohnert Park, Califomia.
Signed
Claudia Smith Chief Clerk
Pursuant Govemment Code 36933Section
BY
POIXAXD þtflflArCNOUE llc
REOTRDiIG ïrE8dmfrA$Pt¡¡{TPECFTC AREA
JoAnne Buergler
City Clerk