2017/12/14 Planning Commission Resolution (4)PLANNING COMMISSION RESOLUTION NO. 2017-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL
ADOPTION OF AN ORDINANCE APPROVING THE SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK
AND PENN GROVE MOUNTAIN LLC MODIFYING THE TIMING OF
CONSTRUCTION OF A WATER TANK WITHIN 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 to necessary public improvements required by development; and
WHEREAS, the applicant, Penn Grove Mountain LLC filed Planning Application
proposing an amendment to its Development Agreement with the City, in accordance with the
City of Rohnert Park Municipal Code ("RPMC"); and
WHEREAS, the proposed application would defer the requirement for construction of a
water storage tank from the 501h residential building permit to the 106th residential building
permit, allowing Penn Grove Mountain LLC to complete the first phase of its development more
quickly; and
WHEREAS, City staff has evaluated the request and determined that it will accelerate
the delivery of housing units without adverse impacts on the City's water system or the City's
ability to provide water service; and
WHEREAS, Penn Grove Mountain LLC and City staff have negotiated a proposed
amendment to the Development Agreement in accordance with the requirements of Government
Code § 65864, et seq., and Chapter 17.21, "Development Agreement Procedure," of the Rohnert
Park Municipal Code ("RPMC"), and the proposed amendment is attached to this Resolution as
Exhibit A; and
WHEREAS, the City Council of the City of Rohnert Park has certified the Final EIR
prepared for the Project and the City has otherwise carried out all requirements for the Project
pursuant to CEQA; and
WHEREAS, the proposed amendment will not result in any substantial changes in the
project or new information of substantial importance of the kind that would require additional
environmental review pursuant to Section 15162 of the CEQA Guidelines; 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 was published for a minimum of 10 days prior to the
first public hearing in the Community Voice.
WHEREAS, on December 14, 2017, the Planning Commission held a public hearing at
which time interested persons had an opportunity to testify either in support or opposition to the
proposed amendments to the Development Agreement; and
LA #4815-0476-8287 A
WHEREAS, the Planning Commission has reviewed and considered the information
contained in proposed amendments to the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed amendments to the Development Agreement:
Section 1. The above recitations are true and correct and material to this Resolution.
Section 2. On December 7, 2010, the City Council of the City of Rohnert Park
certified the Final EIR for this Project, including adoption of associated CEQA Findings,
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program,
as described in City Council Resolution No. 2010-134.
Section 3. Findings for Adoption of Development Agreement. The Planning
Commission, in recommending approval to the City Council of Planning Application No.
PLDA17-0003 Development Agreement Amendment for Southeast Specific Plan, hereby makes
the following findings pursuant to Government code section 65867.5:
1. The proposed Development Agreement Amendment was considered at a public
hearing
Criteria Satisfied. A duly noticed public hearing regarding the amended
Development Agreement was held by the Planning Commission on December 14,
2017, in conformance with the notice provisions of Government Code §§ 65090
and 65091 and the requirements of the RPMC section 17.21.030.
2. The provisions of the proposed Development Agreement are consistent with the
general plan and any applicable specific plan
Criteria Satisfied. The proposed Development Agreement amendment is
consistent with the General Plan and would direct the Project's development in an
orderly manner that benefits the City.
The proposed amendment would defer the construction of a required water
storage tank in order to accelerate delivery of housing units. Staff has evaluated
the impact of the proposed change on the City's water system and determined that
it will not adversely impact water service. This determination includes evaluation
of improvements made to existing chlorination pumping and the improvements
resulting from the construction of the City's Water Tank #8, which was not
anticipated to be complete when the development agreement condition was
proposed.
Staff has also taken into consideration that acute need for housing and region and
believes that this amendment, which will accelerate the delivery of the first phase
of the Specific Plan, provides benefits that are consistent with City's General
Plan.
3. The provisions of the proposed Development Agreement are consistent with
Government Code 65867.5(C).
Criteria Satisfied. The proposed amendment to the Development Agreement
satisfies the requirements of Government Code 65867.5(C) that requires that a
LA #4815-0476-8287 v3
sufficient water supply be available for subdivisions which meet the definition of
"subdivision" in Government Code 66473.7(a)(1) within the Project, as required
by Government Code section 66473.7(b)(1). The City prepared a Water Supply
Assessment to examine the demands of new development and assesses the City's
supply sources to meet the demands. Based on the City's Water Supply
Assessment, it was determined that sufficient sources exist to meet the demands
of the City's general plan buildout using a combination of surface water,
groundwater and recycled water. The SESP is included in the City's General Plan
and, therefore, the City's Water Supply Assessment accounts for increases in the
population and use associated with the SESP development. Because the Project is
consistent with the prior analysis and sufficient water supply is available for this
project, no additional analysis is needed and the proposed Development
Agreement satisfies the required of Government Code 65867.5(C).
NOW, THEREFORE, BE IT FURTHER RESOLVED that, based on the findings set
forth in this Resolution and the evidence in the staff report, the above -referenced Findings, and
all other Project applications considered by the Planning Commission concurrently with the
proposed Development Agreement, the Planning Commission hereby recommends that the City
Council approve an amendment to the Development Agreement, substantially in the form set
form set forth at Exhibit A hereto.
DULY AND REGULARLY ADOPTED on this 14th day of December, 2017 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: Ll NOES: f� V ABSENT: l ABSTAIN: U
-A k -LO T
ADAMS BLANQUIE BORBA GIUDICE %J, L HAYDON -�
ti
Susan Hayddn,<Chairperson, Rohnert Park Planning Commission
Attest:
0�w�
Susan Az edo, Recording Secretary
LA #4815-0476-8287 v3
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
ROHNERT 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 (106tr') residential building permit.
OAK #4833-0220-8595 vt I
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 4.12(C) of the Development Agreement, Section 4.12(C)
of the Development Agreement is hereby amended in its entirety as follows:
"C. Water Storawe Tank. Prior to issuance of the one -hundred
and sixth (106'') 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.
Approved as to Form:
By:
City Attorney
Attest:
City Clerk
CITY:
City of Rohnert Park, a California municipal
corporation
City Manager
DEVELOPER:
Penn Grove Mountain, LLC
a
By:_
Title:
OAK #4833-0220-8595 vl 3
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, 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)
OAK #4833-0220-8595 v1 Acknowledgment
Exhibit A
Legal Description of the Property
[to be inserted]
OAK #4833-0220-8595 vl Exhibit A