2019/05/14 City Council Ordinance 932 ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF ROHNERT PARK,CALIFORNIA APPROVING A
THIRD 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 Development Agreement; 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 City and Penn Grove Mountain LLC entered into that certain Second
Amendment to Development Agreement dated February 28, 2018, and recorded on February 28,
2018, as Instrument No. 2018013757 in the Official Records of Sonoma County to revise the
certain conditions associated with the timing of construction of the water tank; and
WHEREAS, the applicant, Penn Grove Mountain LLC filed Planning Applications
proposing General Plan amendments(PLGP18-0003), an amended Specific Plan(PLSP18-0001),
a revised Development Area Plan(PLDP18-0005),an amendment to the Development Agreement
(PLDA17-0006), and modifications to conditions of approval for the Tentative Map (PLSD18-
0002), for the Southeast Specific Plan ("SESP") located south of the Canon Manor Specific Plan
Area, west of Petaluma Hill Road, and north of Valley House Drive (APN 047-111-030), in
accordance with the City of Rohnert Park Municipal Code("RPMC"); and
WHEREAS, the proposed applications would eliminate the water tank from Parcel B,
allow development of two lots on the water tank site, and change development phasing for Phases
3 and 4; and
1
932
WHEREAS, the City staff has evaluated the proposed amendments and determined that
they are consistent with the City's current strategy for providing water service and will accelerate
the delivery of planned housing units; and
WHEREAS, Developer and City staff have negotiated a proposed Third Amendment to
Development Agreement ("Development Agreement Amendment" or "Third Amendment") 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"), for the
Property. The Development Agreement Amendment negotiated by Developer and the City is
attached to this Ordinance as Exhibit 1; and
WHEREAS, the Development Agreement Amendment, among other things, eliminates
the water tank from Parcel B, requires the construction of a water transmission line, provides for
the reconveyance of the water tank parcel to the developer at fair market value, and allows
development of two lots on the water tank site; and
WHEREAS, on March 14, 2019,the Planning Commission held a public hearing at which
time the Planning Commission reviewed the Third 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 the proposed
amendments are consistent with the Final EIR; 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 April 23, 2019, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the Third
Amendment; and
WHEREAS, the City Council has reviewed and considered the information contained in
the Third 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.
PLDA17-0006 Development Agreement Amendment for Southeast Specific Plan, hereby makes
the following findings pursuant to Government Code section 65867.5 and RPMC 17.21.040:
1. The proposed Development Agreement Amendment was considered at a public
hearing
Criteria Satisfied. A duly noticed public hearing regarding the amendment to the
Development Agreement was held by the City Council on April 23, 2019, 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 Amendment are consistent
with the general plan and any applicable specific plan
2
932
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 provisions of the Development Agreement Amendment would eliminate an
onsite, at-grade water tank in the Southeast Specific Plan Area. Staff has evaluated
the impact of the proposed change and determined that it is consistent with the
City's current water service plans, which include development of elevated water
storage tanks with funding from water capacity charges.
Staff has also considered the need for housing in the region and the changes to
phasing will accelerate the delivery of housing with the addition of two units in
Phase 1 and the addition of 35 units from Phase 4 moving to Phase 3.
3. The provisions of the proposed Third Amendment are consistent with
Government Code 65867.5(C).
Criteria Satisfied. The Development Agreement Amendment satisfies the
requirements of Government Code 65867.5(C)that requires that a 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 assess 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 Amendment satisfies
the required of Government Code 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 ofRohnert Park,
and of its contribution if any toward meeting the city's housing needs; and to any
comparable, relevant factor.
Criteria Satisfied.The proposed modifications to the development result in a very
slight increase in the number of residential units in the project and the removal of a
water tank. The impacts of these changes on traffic, parking public service are
modest. The Southeast SPA has an approved Community Facilities District (CFD)
which generates special taxes to support public services. The two new residential
3
932
lots will pay these special taxes,which will mitigate its impacts.The new residential
units will be less visually intrusive on the abutting properties than the proposed
water tank and the conditions of approval for the project require landscaping to
further reduce visual impacts. As a practical matter, the infrastructure necessary to
support the two new residential units has been completed but the units will pay the
City's Public Facilities Fee and Water Capacity charges, ensuring that they
contribute their fair share towards supporting infrastructure. The relatively modest
changes to the project do not substantially change the project, its relationship with
the City's growth management program or the magnitude of the project's economic
effects on the City.
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
in City Council Resolution No. 2010-134. The proposed amendment will not result in additional
environmental effects not previously evaluated in the EIR and is consistent with the analysis in the
2010 EIR.No additional environmental review is necessary.
B. Further, CEQA Guidelines section 15162 provides that "no subsequent EIR shall
be prepared" for a project unless the lead agency determines that (1) "substantial changes are
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. The
proposed Development Agreement Amendment will not result in any changes to the proposed
project not previously analyzed in the 2010 EIR and no new information of substantial importance
shows any significant effects or newly found feasible mitigation measures that would substantially
reduce significant effects.
SECTION 3. Approval of Third Amendment. The City Council hereby approves the
Third Amendment to the Development Agreement in substantially similar form as attached hereto
and incorporated herein as Exhibit 1,with minor technical, non-substantive revisions as may be
approved by the City Manager in consultation 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 65 868.5, no later than 10 days after the
City enters into the Third Amendment, the City Clerk will record the Third 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.
4
932
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 Third 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.
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 April 23,2019, and adopted on May 14,
2019 by the following roll call vote:
AYES: F(ve (5) NACAlvity\) rs, Moms, Calls ImPi, `101cy-(n2Af, s4v#val Md
MUyur
NOES: Ko y* ('10)
ABSENT: 000 W)
ABSTAIN: t'j4 a `�✓
CITY OF ROHNERT PARK
Gin elforte, Mayor
Attachment: Exhibit 1
ATTEST:
61)1—Anne M.Buergler, City Clerk
PROVES TO FORM:
i le Nlarchetta Kenyon, City Attorney
5
932
I, JOANNE M. 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 this 14th day of May, 2019 by the following vote: Gnd P�'� of �?IH6
AYES: FI W
C�u�c�Ir�P��evS +�clums, 0CAkVg01, ►MC�c�e��+e, S
NOES: NDA_
ABSENT:No c& (fU�
ABSTAIN: �\k)rc (')
6
932
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
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third
Amendment") is entered into as of , 2019, 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,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 Exhibits A and B, attached hereto and incorporated herein
by this reference (the "Property").
B. Among other things, Section 4.12(C) of the Original Development Agreement
included a requirement for Redwood Equities to construct and install a water storage tank, as
described in the Original Development Agreement (the "Water Tank").
C. 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, among other things,
revise the specifications for the Water Tank(the "First Amendment").
D. 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, Penn Grove Mountain, LLC, and Developer assumed all
rights and obligations of the Development Agreement.
E. Thereafter,the City and Developer entered into that certain Second Amendment to
Development Agreement dated February 28, 2018 and recorded on February 28, 2018, as
Instrument No.2018013757 in the Official Records of Sonoma County,to revise certain conditions
associated with the timing of the construction of the Water Tank (the "Second Amendment").
The Original Development Agreement as amended by the First Amendment and the Second
Amendment may be collectively referred to herein as the"Development Agreement."
1
F. The parcel on which the Water Tank was proposed to be located was dedicated to
City as Parcel B on the Final Map for the Southeast East Estates Subdivision recorded on
October 25, 2016 at Book 781 of Maps, Pages 31 through 38, in the Office of the County
Recorder of the County of Sonoma, and accepted by the City subject to improvement (the
"Water Tank Parcel"). The Water Tank Parcel has not yet been improved.
G. On November 26, 2016, the City revised its development impact fee program,
rescinded its "Per Acre Development Fee" and adopted a Water Capacity Charge, with
Resolution 2016-112, which is applicable to all new development, including Developer's Project
(as defined in the Development Agreement), and which funds critical water system
infrastructure, including water tanks (the"Water Capacity Charge"). The City also secured title
to an elevated water tank site east of Petaluma Hill Road, which is large enough to accommodate
two new water tanks and alleviates the need for the Water Tank.
H. Given the new Water Capacity Charge and water tank site, City has agreed that
Developer no longer needs to construct the Water Tank. A new transmission line used to convey
potable water from the Sonoma County Water Agency aqueduct to the Property has been added
to the City's Capital Improvement Program to provide water to portions of the Project(the
"Water Transmission Line").
I. Developer has submitted applications to create two additional single-family lots
on the Water Tank Parcel, thus increasing the number of residential units in the Project from 475
to 477.
J. The Parties now desire to enter into this Third Amendment to Development
Agreement to: (1) confirm and document Developer's payment to City of the Water Capacity
Charge and provide for certain credits to Developer for funding expended in connection with the
Water Tank; (2) document the increase in residential units from 475 to 477; (3) remove
Developer's obligation to construct the Water Tank and add provisions regarding the
construction of the Water Transmission Line; and (4) provide for City's rejection of the
dedication of, and quitclaim of any interest in, the Water Tank Parcel.
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 Third
Amendment shall have the same meaning as in the Development Agreement. Defined terms in
the Recitals above are hereby added to the Development Agreement. The Parties acknowledge
and agree that all references in the Development Agreement to "RWE,"referring to Developer's
predecessor-in-interest, Redwood Equities, shall now be replaced with a reference to "PGM,"to
refer to PENN GROVE MOUNTAIN, LLC, a California Limited Liability Company, the current
Developer.
2. Amendment of Section 3.04. A new sentence is added to the end of Section 3.04
of the Development Agreement to read as follows:
"The Project includes two units that are not provided allocations under the
City's Growth Management Program and will need to pursue building permits
through the City's standard procedures."
2
3. Amendment of Section 4.01(C). Section 4.01(C)of the Development Agreement is
hereby deleted and amended in its entirety to read as follows:
"C. Notwithstanding any other provisions of this Agreement, including
Section 3.01 on Vested Rights, City may charge and Developer agrees to pay all
City fees and charges related to water and sewer("Water/Sewer Fees"), which are
in force and effect on a City-wide basis at the time those Water/Sewer Fees are
payable at the rates then in effect. Developer agrees and acknowledges that it is
subject to payment of the Water Capacity Charges, at the rate in effect at the time
such charges are due."
4. Amendment of Section 4.12(C) of the Development Agreement. Section 4.12(C)
of the Development Agreement is hereby deleted and amended in its entirety to read as follows:
"C. Construction of Water Transmission Line. City intends to construct
the Water Transmission Line, which will serve the Project. In the event that City
has not completed the Water Transmission Line prior to Developer's desire to pull
building permits for any commercial or multi-family portion of the Project,
Developer shall enter into a Public Improvement and Fee Credit Agreement with
City, in a form approved by City, prior to the issuance of any commercial or multi-
family building permit. Among other things, the agreement shall provide for
Developer's receipt of water capacity charge credits for the costs of construction of
the Water Transmission Line up to six hundred six thousand dollars ($606,000).
The Water Transmission Line must be completed and accepted by City prior to the
issuance of any building permits for any commercial or multi-family portion of the
Project."
5. Addition of New Section 4.15 Regarding Rejection and Quitclaim of Water
Tank Parcel. Section 4.15 is hereby added to the Development Agreement as follows:
"Section 4.15 Rejection and Quitclaim of Water Tank Parcel. City agrees
to reject the dedication of and quitclaim any interest in the Water Tank Parcel
pursuant to the terms of this Section 4.15. In consideration for the City's rejection
and quitclaim of the Water Tank Parcel, Developer has agreed to pay City the
amount of one hundred thousand dollars ($100,000.00) (the "Water Tank Parcel
Contribution"), which represents the fair market value of the Water Tank Parcel.
Within 30 days of the recordation of this Third Amendment, Developer
shall submit the Water Tank Parcel Contribution to City in immediately available
funds and City shall immediately thereafter record a rejection of the dedication of
the Water Tank Parcel and a Quitclaim Deed granting any interest the City may
have in the Water Tank Parcel to Developer. Developer acknowledges it is the
current owner of the Water Tank Parcel and undertakes and assumes all risks
associated with the Water Tank Parcel, including its physical, environmental,
economic or legal condition".
6. Addition of New Sections 4.16 Regarding Water Capacity Chargee
Credits. Section 4.16 is hereby added to the Development Agreement as follows:
"Section 4.16 Water Capacity Charge Credits. City recognizes that
Developer has incurred certain costs in planning for and designing the Water Tank
3
and will provide Developer with Water Capacity Charge credits in an amount not
to exceed one hundred sixty eight thousand five hundred seventy five dollars and
sixty-three cents ($168,575.63) (the "Water Capacity Charge Credits").
Application of Water Capacity Charge Credits is contingent upon the Developer's
submission of documentation of costs, acceptable to the City Engineer.
The Water Capacity Charge Credits shall be applied against the Water Capacity
Charges that would otherwise be applicable to the Project, as the result of
construction on the Property. Developer shall be entitled to receive Water Capacity
Charge Credits at the time of issuance of building permits for construction on the
Property. The City shall keep an accounting of the balance of Water Capacity
Charge Credits and City's obligation to extend credits shall expire upon the
available balance reaching $0.00.
The Water Capacity Charge Credits shall run with the land and may be
credited only for development of the Project on the Property, provided that
Developer may allocate the use of the Water Capacity Charge Credits among
components of the Project. Developer may authorize the assignment of all or
portions of the Water Capacity Charge Credit balance in writing, with the consent
of the City, provided that Water Capacity Charge Credits may not be assigned
outside the boundaries of the Property and the Water Capacity Charge Credits are
fully utilized on the development of the Property."
7. Deletion of Exhibits E and F. Exhibits E and F, regarding the Water Tank, also
referred to as the Water Storage Facility, are hereby intentionally omitted.
8. Effect of Amendment. Except to the extent the Development Agreement is
modified by this Third 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 Third Amendment, the
terms of this Third Amendment shall prevail.
9. Counterparts. This Third 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.
10. Effective Date. This Third Amendment is effective upon its recordation with the
Sonoma County Recorder's Office.This Third Amendment shall be recorded within ten days after
the effective date of the ordinance approving this Third Amendment.
[Intentionally left blank. Signatures continue on following page.]
4
IN WITNESS WHEREOF, this Third 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
By:
City Manager
Authorized by Ordinance adopted by the
Rohnert Park City Council on May . 2019
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
DEVELOPER:
Penn Grove Mountain, LLC
a California limited liability company
By:
Title:
5
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.
Acknowledgment
Signature: (seal)
7
Exhibit A and B
Legal Description of the Property
[to be inserted]
Exhibit A
EXHIBIT 'A"
THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS
OR OMISSIONS SHALL NOT EFFECT THE LEGAL DESCRIPTION.
Curve Table
No.
Radius
Delta
Length
C1
3950.0.0'
05'04'58"
350.41'
C2.
4050.00'
01'46'43"
125.73'
3
4050.00
00'00'51"
1.00'
LCC4
4050.00'
01'38'32"
116.07'
Q �5
9IL
h
3�0
�a
I � I
! >I ^1
N
1 POINT OF BEGINNING
3
M
O
0
0
z
SOUTH EAST
ROHNERT PARK
BOUNDARY
S
F AVENUE
SITE
VE
ao
a
SITE MAP
NO SCALE
ALANI DRIVE
—I— T-1— t r 11
IANOR SUBONISION
SOUTH EAST
ROHNERT PARK
BOUNDARY
LANDS Or RA nv
7279 PETAL4WA HILL ROAD
ON 2009-049006
APN 047-111-030
SOUTH EAST
LAW Of' 109 H01"NGS L 7 ROHNERT PARK
DN 1981-033808 BOUNDARY
APN 047-111-051
(VACANT) 89'30'35" E 2589.34'
t.00' VALA-P—Y _ FicXAGE C) iNE
N 89'30'35• w, 2584.21
CY7Y OR' fiaw4 PT PAFIK
DIV 1994-09021) COWY CF SiONWA
J477 O.R. 704
L4W -Of* 106 H6KDi1 OS L 7 COiWY OF SCAWA
7900 PETALUMA HILL ROAD 2875 O.R. 552
DN 1981-033808
APN 047-111-050
L5
Bearing
Table
No.
Bearing
L6
Distance
L1
N 00'01'31"
W
116.02'
L2
N 00'0131"
W
1.00'
13
N '89'59'11"
W
30.00'
L4 IN
89'59"11 "
W
21.29'
L5
IS
00'00'49"
W
22.46'
L6
I S
05'05'48"
W 1
64.47'
/ AREA OF
4EXCEPTION
Q
CO
R
u1
L4
s�
I
�w
0 500' 1000'
its
i'
CINQUINI 8c• PASSARINO, INC.
1FA LAND SURVEYING BOUNDARY 1.360 No. Dutton Ave.
A TOPOGRAPHIC Santa Rosa, Ca. 95401
® CONSTRUCTION Phony (707) 542-6268
A. SUBDIVISIONS Fox (707) 542-2106
WWW.CINQUINIPASSARINO.COM
JOB NAME: SOUTH EAST ROHNERT PARK DRAWN BY: AGC CHECKED BY: JMD
SCALE: 1" - SOW DATE: OCT 2010
DESCRIPTION, EXHIBIT . 'A' JOB p: 6249-10 SHEET. 1 OF 2
Exhibit 661311
DESCRIPTION OF SOUTH EAST ROHNERT PARK
Lying within the unincorporated area of Sonoma County, State of California, being the
lands of James Ratto and Deana Ratto as described by Deed filed for record under
Document Number 2009-049006, Sonoma County Records, being a portion of the Cotati
Rancho, and being a portion of the South half of the Northeast Quarter of Section 31, in
Township 6 North of Range 7 West, M.D.M., as shown upon a Map of said Rancho made
by William Denton, also being the same land conveyed to Clark by Comstock and wife,
by Deed recorded in Book 14 of Deeds; Pages 346 and 347, and excepting therefrom that
portion conveyed to the County of Sonoma by Deed recorded November 2, 1978 in Book
3477 of Official Records, Page 704, Sonoma County Records, said lands also described
as follows:
COMMENCING. at the centerline intersection of Bodway Parkway and Camino Colegio,
said intersection marked with a found 2 -;inch brass disk stamped "RCE 20190" in a
monument well, from which a found 2 -inch brass disk stamped "RCE 20190" in a
monument well bears South .00°40'51" West 1073.18 feet, thence South 33°50'37" East
69.54 feet to the northwest corner of said lands also being the southwest corner of Canon
Manor as shown on that Record of Survey filed for record in Book 74 of Maps at Page
46, Sonoma County Records also being a point on the east line of Bodway Parkway and
the POINT OF BEGINNING; thence along the south line of said Map of Canon Manor,
South 89°55'07" East 2670.58 feet to a found 3 -inch brass disk in a monument well
marking the centerline of Petaluma Hill Road; thence along said centerline South
00°04158" East 764.63 feet to the north line of the land conveyed to the County of
Sonoma recorded in Book 3477 of Oficial Records, Page 704, Sonoma County Records;
thence along the north and west lines of said lands of the County of Sonoma North
89059'1I" West 51.29 feet; thence continuing along said lines South 00°00'49" West
22.46 feet; thence continuing along a curve to the right with a radius of 3950.00 feet
through -a central angle of 05004'58" for a length of 350.41 feet; thence continuing along
said west line South 05005'48" West 64.47 feet, thence continuing along. a curve to the
left with a radius of 4050.00 feet through a central angle of 01'46'43" for a length of
125.73 feet to the south line of said lands of Ratto, thence along the south line of said
lands North 89°30'35" West 2589.34 feet to the southwest corner of said lands being a
_point on the east line of Bodway Parkway; thence along said east line North 00001'31"
West 1308.25 feet to the POINT OF BEGINNING.
EXCEPTING therefrom all that portion lying easterly of a line 30.00 feet west of and
parallel with said centerline of Petaluma Hill Road.
TOGETHER WITH the northerly 1.00 foot of the lands of 108 Holdings as described by
deed under Document Number 1981-033808, said lands also described* as Parcel "A" as
shown upon that certain map entitled, "Parcel Map No. 3063, being a portion of Rancho
Cotati, Sonoma County, California", filed August 18, 1972 in Book 177 of Maps at Page
20, Sonoma County Records, the north line of which is the south line of said lands of
Ratto, the south line of which is the northerly right of way of Valley House Drive as
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com
CPI No.: 6249-I0
Page 1 of 2
described under Document Number 1994-00902.13, Sonoma County Records, the west
line of which is .the easterly right of way of Bodway Parkway as described under
Document Number 1994-0080331, Sonoma County Records, the easterly line of which is
the westerly line of the land conveyed to the County of Sonoma recorded in Book 2875
of Official Records, Page 552, Sonoma County Records.
Containing 79.4 acres more or less
Being a portion of APN 047-111-030 & 047-111-051
Prepared by Cinquini & Passarino, Inc.
01. LAN,^
%P.
�7 �,'; Date
G. C' quip' .L.S. 8614 rN.
M
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 Fax: (707) 542-2106 www.cmquinipassarmo.com
CPJ No.: 6249-10
Page 2 of 2
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
Pursuant to Rohne¡'t Park Municipal Code 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No.932
Summary of Ordinance lVo. 932 Approving a Third Amendment to the Deuelopment
Agreement by and Among the City of Rohnert Park and Penn Grove Mountain LLC
regarding the Southeasf Specific Plan Area was published on 5/3/2019 and 511712019,
as required by law, and posted in five (5) public places in said City, to:
www.rpcitv.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 5/3/2019 and 511712019.
Summary of Ordinance l\lo. 932 was published in the Community Voice on 5/3/2019 and
511712019 as required by law
gned
Subscribed and sworn to before me this July 1st, 2019
)
)
)
SS
Sylvia Lopez Cuevas, Assistant City Cler-k
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OFCALIFORNIA
In and For the County of Sonoma
COUNTY OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 932
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. 932" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the 3 day of May, 2019 and ending on the 3 day of May, 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and coffect
EXECUTED this 3 day of May,2019 at Rohnert Park, California.
Signed
NTRKAI{D
Claudia Smith Chief Clerk
PuEuantto Govemment Code Section 30933 (c)'
ol 0rdinance No,932 introduced bY the Rohnert
April 2019, and scheduled for consideration of adoption on May I
at its meeting to be held in the City Council Chambers, 130 Avram
JoAnne M. Buergler
Clty Cletk
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. 932
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 Califomia, 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 No. 932" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the 17 day of May, 2019 and ending on the 17 day of May, 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and coffect.
EXECUTED this 17 day of May, 2019 at Rohnert Park, California.
Signed
AXno
TI{E SOInHEAST SPECIFIC PIAT{ AREA
Claudia Smith Chief Clerk
A
AYES: CouncilmembersAdams,Callinan,Mackenzie,Stafrord,
and Mayor BelfortêNOES: None
ABSENT: None
ABSTAIN: None
Dated: May
Publlrhsdi
14,2019
17,2019
Voice
JoAnne M. Buergler
Clerlt
of Rohnert ParkThe
Clty