2019/11/26 City Council Ordinance 937ORDINANCE NO. 937
AN ORDINANCE OF THE CITY OF'ROHNERT PARK, CALIF'ORNIA APPROVING A
FOURTH 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 to necessary public improvements required by development; and
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, 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, 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
specif,rcations 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,
201 8, as Instrument No. 201 80 1 37 57 in the Official Records of Sonoma County to revise certain
conditions of approval associated with the timing of construction of the water tank; and
WHEREAS, the City and Penn Grove Mountain LLC entered into that certain Third
Amendment to Development Agreement dated April 19, 2019 and recorded on May 20,2019, as
Instrument No. 2019033687 in the Official Records of Sonoma County to eliminate the water
tank from Parcel B, require the construction of a water transmission line, provide for the
reconveyance of the water tank parcel to the developer at fair market value, and allow
development of two lots on the water tank site; and
WHEREAS, the applicant, Penn Grove Mountain LLC filed Planning Application to
request an amendment to the Development Agreement (PLDA19-0005) which would redistribute
the number of income-restricted units available at each income level for the 36-unit affordable
housing apartment complex; and
WHEREAS, Penn Grove Mountain LLC intends to pursue tax credits through the federal
Low Income Housing Tax Credit (LIHTC) program in order to finance development of this
project and LIHTC requires different levels of affordability than original outlined in
Development Agreement; and
WHEREAS, in order to meet the affordability requirements of LIHTC and ensure the
on-site manager's unit remains affordable, Exhibit D (Affordable Housing Plan) of the
Development Agreement, as amended, would distribute affordability of the 36 units as follows:
six (6) available to households with 30%o area median income; frfteen (15) available to
households with 50% area median income; fourteen (14) available to households with 80%o area
median income; and one (1) available to households with 120o/o area median income (which
would be reserved for the on-site manager); and
WHEREAS, the Developer and City have negotiated the terms of a Fourth Amendment
to Development Agreement to redistribute the number of income-restricted units available at
each income level for the 36-unit affordable housing apartment complex confirm to fulfill the
requirements of LIHTC and ensure affordability of the on-site manager's unit (the "Development
Agreement Amendment"); and
\ryHEREAS, on October 24,2019, the Planning Commission held a public hearing at
which time interested persons had an opportunity to testify either in support or opposition to the
Development Agreement Amendment; and
\ilIIER-EAS, 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 inthe Community Voice; and
\ryHEREAS, on November 12, 20t9, the City Council held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the Fourth
Amendment; and
WIIEREAS, the City Council has reviewed and considered the information contained in
the Fourth Amendment.
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.
PLDA19-0005 Development Agreement Amendment for Southeast Specific Plan, hereby makes
the following findings pursuant to Government Code section 65867.5 and RPMC 17.21.040:
l. The proposed Development Agreement Amendment was considered at a public
hearing
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Criteria Satisfied. A duly noticed public hearing regarding the amended
Development Agreement was held by the City Council on November 12,2079, 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
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 benefìts the City.
The Southeast Specific Plan is required to provide 72 affordable units, 36 of
which will be provided through an on-site apartment complex. The provisions of
the Development Agreement Amendment would provide the same number of
affordable housing units in the apartment complex, but would make more units
available to individuals at30%o of area median income, and one unit at 120%o of
area median income. This helps the City provide units according to the Regional
Housing Needs Allocation (RHNA.)
3. The provisions of the proposed Fourth Development Agreement are consistent
with Government Code 65867.5(C).
Criteria Satisfied. The Development Agreement Amendment satisfies the
requirements of Govemment Code 65867.5(C) that requires that a sufficient water
supply be available for subdivisions which meet the definition of 'osubdivision" in
Government Code 66473.7(a)(1) within the Project, as required by Government
Code section 66473.7(bXl). 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 \ryater, 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 trffic, parking, public service,
visual, and other impacts of the proposed development project upon abutting
properties and the surrounding area; ability of the applicant to fuffill public
facílitiesfinancing plan obligations; the relatíonship of the project to the City's
growth management program; the provisions included, tf any, for reservation,
dedication, or improvement of landfor public purposes or accessible to the
public; the type and magnitude of the project's economic fficts to the city of
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Rohnert Park, and of its contribution rf ony toward meeting the city's housing
needs; and to any comparable, relevantfactor.
Criteria Satisfied. The proposed modifications to the Development Agreement
will contribute toward meeting the city's housing needs to allow for
implementation of the Affordable Housing Plan.
SECTION 2. Compliance with the California Environmental Quality Act.
A. On Decemb er 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, as the amendment only alters the affordability structure of the Affordable Housing
Plan and does not affect the construction or aspects of the affordable apartment complex. No
additional environmental review is necessary.
B. Further, CEQA Guidelines section 15162 provides that oono subsequent EIR shall
be prepared" for a project unless the lead agency determines that (1) oosubstantial 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
signifìcant 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 Fourth Amendment. The City Council hereby approves the
Fourth Amendment to the Development Agreement in substantially similar form as attached
hereto and incorporated herein as Exhibit 1o 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 65868.5, no later than 10 days after the
City enters into the Fourth Amendment, the City Clerk will record the Fourth 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
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on behalf of City, which are not expressly and specifically reserved for the City Council, to
implement and effectuate the terms of the Fourth Amendment.
SECTION 6. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause and phrase ofthis 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 November 72,2019, and adopted on
November 26,2019, by the following roll call vote:
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Ordinance 937
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1
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
FOURTH AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT (“Fourth
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. 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”).
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, Penn Grove Mountain, LLC, and Developer assumed all
rights and obligations of the Development Agreement.
D. 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.”
E. The City and Penn Grove Mountain LLC entered into that certain Third
Amendment to Development Agreement dated April 19, 2019 and recorded on May 20, 2019, as
Instrument No. 2019033687 in the Official Records of Sonoma County to eliminate the water tank
2
from Parcel B, require the construction of a water transmission line, provide for the reconveyance
of the water tank parcel to the developer at fair market value, and allow development of two lots
on the water tank site (the “Third Amendment”). The Original Development Agreement as
amended by the First Amendment, Second Amendment and the Third Amendment may be
collectively referred to herein as the “Development Agreement.”
F. Penn Grove Mountain LLC filed Planning Application to request an amendment to
the Development Agreement (PLDA190005) which would redistribute the number of income-
restricted units available at each income level for the 36-unit affordable housing apartment
complex.
H. Penn Grove Mountain LLC intends to pursue tax credits through the federal Low
Income Housing Tax Credit (LIHTC) program in order to finance development of this project and
LIHTC requires different levels of affordability than original outlined in Development Agreement.
I. In order to meet the affordability requirements of LIHTC and ensure the on-site
manager’s unit remains affordable, Exhibit D (Affordable Housing Plan) of the Development
Agreement, as amended, would distribute affordability of the 36 units as follows: six (6) available
to households with 30% area median income; fifteen (15) available to households with 50% area
median income; fourteen (14) available to households with 80% area median income; and one (1)
available to households with 120% area median income (which would be reserved for the on-site
manager).
J. The Parties now desire to enter into this Fourth Amendment to Development
Agreement to redistribute the number of income-restricted units available at each income level for
the 36-unit affordable housing apartment complex confirm to fulfill the requirements of LIHTC
and ensure affordability of the on-site manager’s unit.
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
Fourth Amendment shall have the same meaning as in the Development Agreement. Any defined
terms in the Recitals above are hereby added to the Development Agreement.
2. Deletion and Replacement of Exhibit D. Exhibit D is hereby deleted and replaced
with the revised Exhibit D (marked “REVISED”) attached to this Amendment.
3. Effect of Amendment. Except to the extent the Development Agreement is
modified by this Fourth 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 Fourth Amendment, the
terms of this Fourth Amendment shall prevail.
4. Counterparts. This Fourth Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
Amendment.
5. Effective Date. This Fourth Amendment is effective upon its recordation with the
Sonoma County Recorder’s Office. This Fourth Amendment shall be recorded within ten days
3
after the effective date of the ordinance approving this Fourth Amendment.
[Intentionally left blank. Signatures continue on following page.]
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IN WITNESS WHEREOF, this Fourth 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 November ____. 2019
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
DEVELOPER:
Penn Grove Mountain, LLC
a California limited liability company
By:
Title:
Acknowledgment
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.
******************************
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)
Signature: (seal)
______________________________________________
REVISED
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SPECIFIC SECTION OF SESP DEVELOPMENT AGREEMENT CHANGED BY
FOURTH AMENDMENT TO DA
EXHIBIT D
AFFORDABLE HOUSING PLAN
I. INTRODUCTION
The Southeast Specific Plan and accompanying Development Agreement meet the City
of Rohnert Park's inclusionary housing requirement. Under the proposed Development
Agreement and Specific Plan, the project will provide Low and Very Low income housing (as
such terms are defined in Section l 7.07.020(N)(2) of the City's Municipal Code) as rental
housing, and will provide affordable owner-occupied housing. As depicted in the Specific Plan
and Final Development Plan, a total of 72 Affordable Units are included in the Project as
follows: 36 apartment units in one apartment complex (Affordable Apartment Complex); 28
Duet Units; and 8 Townhome Units. Unless otherwise defined herein, capitalized terms
contained in this Affordable Housing Plan shall have the meaning given to such terms in the
Development Agreement.
II. PAYMENT OF IN-LIEU FEE
As is set forth in the Development Agreement, if the City adopts an applicable in-lieu
housing fee, or otherwise modifies the affordable housing provisions of its Municipal Code, the
Developer may elect to pay the in-lieu fee or comply with the revised code requirements. If
Developer elects to pay the in-lieu fee for all 72 of the required Affordable Units, then the
Developer shall prepare a document rescinding the Affordable Housing Plan in a form approved
by the City Attorney which the City will approve and record.
III. AFFORDABLE APARTMENT COMPLEX
A. Obligation to Construct
The Developer shall either (1) construct the Affordable Apartment Complex in
accordance with plans and specifications approved by the City, or (2) donate land within the
Project, to one or more non-profit housing developers in place of actual construction. Prior to
donating the land to the non-profit, the land must be appropriately zoned, buildable, free of toxic
substances and contaminated soils. Prior to donating this land to the non-profit, the Developer
shall ensure that the lots are fully improved with infrastructure, adjacent utilities, completed
grading, all applicable fees have been paid, and compliance with all applicable conditions of
approval and mitigation measures. The non-profit to whom the Developer donates the land shall
have a minimum of five years' experience in development, ownership, operation, and
management of similar sized affordable rental housing projects, and shall demonstrate that it has
the capacity to construct and operate the affordable housing apartment complex.
REVISED
7
The Affordable Apartment Complex will be constructed on parcel "D" located at the
corner of Bodway Parkway and Valley House Drive. The Parties acknowledge that parcel "D" is
expected to be adequate to accommodate the Affordable Housing Complex, subject to formal site
plan review by the City and confirmation by the City that the Affordable Housing Complex
complies with the Specific Plan, the Project Approvals and Applicable Law.
Irrespective of who constructs the Affordable Apartment Complex, construction shall be
completed no later than the market-rate units that are part of the Project. In recognition of the
fact that Developer may phase construction of the market-rate or commercial units, for purposes
of this Affordable Housing Plan, the phrase "completed no later than market-rate units" shall
mean no later than the City's issuance of a building permit for the 225th market-rate residential
unit.
The Developer shall provide in its transfer documents donating land within the Project to
a non-profit housing developer for a reversion in fee to Developer of the land upon which the
Affordable Apartment Complex is to be constructed if the Affordable Apartment Complex has
not been constructed as required by this Affordable Housing Plan. If the non-profit housing
developer has not completed construction of the Affordable Apartment Complex as set forth in
this Affordable Housing Plan, then the Developer will be required to complete construction of
the Affordable Apartment Complex itself. Developer shall do so at Developer's sole expense, and
Developer shall complete construction of the Affordable Apartment Complex no later than
issuance of the building permit for the 290th market-rate unit.
City shall not be obligated to issue any additional building permits beyond the 290th building
permit until the Affordable Apartment Complex is satisfactorily completed, as evidenced by a
final certificate of occupancy, according to the terms of the Agreement and this Affordable
Housing Plan.
B. Affordability
The Affordable Apartment Complex shall consist of 36 Affordable Units. Six (6)
apartments, shall be rented to Extremely Low Income Households (30% of area median income);
fifteen (15) apartments shall be rented to Very Low Income Households (50% of area median
income); fourteen (14) apartments shall be rented to Low Income Households (80% of area
median income); and one (1) apartment shall be rented to a Moderate Income Household (120%
of area median income.) Affordable Rent shall be set as defined by the Rohnert Park Municipal
Code.
C. Affordable Housing Agreement
Affordable rental properties shall be restricted for 55 years and owner-occupied
affordable housing units shall be restricted for 45 years as is required by the Rohnert Park
Municipal Code. In order to ensure that these affordability restrictions remain in place, the
Developer or the non-profit to whom the Developer donates land, shall enter into an Affordable
Housing Agreement with the City in a form and content acceptable to the City Attorney. The
REVISED
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Affordable Housing Agreement shall be recorded against the Affordable Apartment Complex
parcel or project site prior to the issuance of the building permit for the 100th market rate
residential unit. The Affordable Housing Agreement shall include at least the following terms:
1. The requirement to construct the Affordable Apartment Complex in
accordance with this Affordable Housing Plan.
2. Provisions restricting the rental of the Affordable Apartments to low and very
Low Income Households at an Affordable Rent as defined by the Rohnert
Park Municipal Code for 55 years.
3. Non-discrimination covenants.
4. Annual certification requirements for the lease of the rental units.
5. The submission of certificates of continuing program compliance to the City
at least once a year.
6. Restrictions on the ability to transfer the Affordable Apartment Complex.
7. Maintenance and management requests, including identifying the City's
remedies following notice and opportunity to cure.
8. A marketing plan for the Affordable Apartments, including any preference
programs.
D. Quality Standards
The Affordable Apartment Complex shall comply with the construction and aesthetic standards
set forth in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection 9.
Specifically, the Affordable Units shall be comparable in number of bedrooms, exterior
appearance, and overall quality of construction to the market-rate units in the same project. With
prior approval from the City Manager, the Affordable Units may have different square footage or
interior features from the market-rate units in the Project so long as the interior features are still
of good quality and are consistent with contemporary standards for housing. In its approval of
the Development Agreement for this Project, the City specifically approves and authorizes the
clustering of the 36 affordable apartment units in the Project.
E. Marketing/Implementation
Developer or its designated affordable housing developer shall prepare and implement a
marketing and implementation plan for the rental of the Affordable Apartments. The plan must
be in a form and content reasonably acceptable to the City and include, among other things, the
following:
1. A plan to market the Affordable Apartments to eligible households.
REVISED
9
2. Procedures for the rental of the Affordable Apartments, including the slotting of
applications and creation of a waiting list, eligibility determination, income
certification, and annual re-certifications.
IV. DUET UNITS AND TOWNHOME UNITS
A. Obligation to Construct
Developer shall construct 28 affordable Duet Units and 8 affordable Townhome Units on
the sites depicted in and in accordance with the Specific Plan and Final Development Plan as
well as all plans and specifications as approved by the City.
Construction shall be completed, as evidenced by a final certificate of occupancy,
concurrently with the related market-rate units according to the Project phasing plan and phasing
map as reviewed and approved by the City and as included in the Final Development Plan.
B. Affordability
The 28 affordable Duet Units and 8 affordable Townhome Units shall be used either as rental
housing or owner-occupied housing, subject to the following requirements:
1. If operated as rental housing, fifty percent (50%) of the Affordable Units shall be
rented to Very-Low income households at an Affordable Rent. The remaining
fifty (50%) of the Affordable Units shall be rented to Low-income households at
an Affordable Rent.
2. If sold as owner-occupied housing, fifty (50%) of the Affordable Units shall be
sold to Low Income households at an Affordable Sales Price. The remaining fifty
percent (50%) of the Affordable Units shall be sold to Moderate income
households at an Affordable Sales Price.
C. Affordable Housing Agreement
Concurrent with recordation of the final map for each tract in which affordable housing sites
have been designated, Developer shall record an Affordable Housing Agreement containing
covenants against any parcel on which Affordable Units are proposed to be constructed. The
covenants containing the affordability restrictions for the Affordable Units shall remain in place
for a minimum of fifty-five (55) years (for rental housing) or forty-five (45) years (for owner-
occupied housing). Among other things, the Affordable Housing Agreement shall include the
following terms:
If the Affordable Housing Unit(s) is/are operated as rental housing:
1. The requirement to construct the Affordable Units as provided herein;
REVISED
10
2. Provisions restricting the rental of Affordable Units to low- and very low-income
households at an affordable rent for a period of fifty-five (55) years;
3. Non-discrimination covenants;
4. Provisions requiring income certification before the lease of any Affordable Units
and recertification every year thereafter;
5. Provisions requiring the submittal of certificates of continuing program
compliance to the City on at least an annual basis;
6. Restrictions on the ability to transfer the Affordable Units;
7. Maintenance and management requirements, including City remedies following
notice and opportunity to cure;
8. Provisions regarding the marketing of the Affordable Units.
If the Affordable Housing Unit(s) is/are sold as owner-occupied housing:
1. The requirement to construct the Affordable Housing Unit(s) as provided herein;
2. Provisions restricting the sale of the Affordable Units to Low and Moderate-income
households at an Affordable Sales Price for a period of forty-five (45) years;
3. Non-discrimination covenants;
4. Provisions requiring income certification before the sale of any Affordable Units;
5. Restrictions on the ability to transfer the Affordable Units;
6. The phasing plan already submitted to the City that indicates the location and unit size of
each Affordable Unit, and the timing of the construction of the Affordable Units in
relation to the market rate units;
7. Provisions requiring homebuyers to execute and record, as appropriate, resale and
refinance restrictions, disclosure statements and a performance deed of trust; and
8. A form of Resale and Refinance Restriction Agreement that includes, among other
things, provisions requiring that the Affordable Unit be sold to a Low or Moderate-
income household at an Affordable Sales Price for a period of forty-five (45) years,
refinance limitations, provisions prohibiting the rental of the Affordable Unit, and an
option to purchase at an Affordable Sales Price in favor of City the event of a default by
the owner.
REVISED
11
D. Quality Standards
The Affordable Units shall comply with the construction and aesthetic standards set forth
in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection 9. Specifically, the
Affordable Units shall be comparable in number of bedrooms, exterior appearance, and overall
quality of construction to the market-rate units in the same Project. With prior approval from the
City Manager, the Affordable Units may have different square footage or interior features from
the market-rate units in the Project so long as the interior features are still of good quality and are
consistent with contemporary standards for housing. The Affordable Units shall be dispersed
throughout their respective phase.
E. Marketing/Implementation
Developer shall prepare and implement a marketing and implementation plan for the
Affordable Units. The plan must be in a form and content reasonably acceptable to the City and
include, among other things, the following:
1. A plan to market the Affordable Units to eligible households.
2. Procedures for the rental or sale of the Affordable Units, including the slotting of
applications and creation of a waiting list, eligibility determination, income
certification, and annual re-certifications.
V. COMPLIANCE MONTORING
Commencing one year after the Effective Date and every year through the Term, the
Developer shall submit an annual implementation plan to the City summarizing the status of
compliance with the Affordable Housing Plan, including status of construction and sale or rental
of the Affordable Units. At the time of submission of the information required by this section,
Developer shall submit the required Processing Fees to cover City's costs to review and monitor
Developer's compliance with the Affordable Housing Plan.
VI. DEVELOPER'S OBLIGATION
The obligations set forth in the Affordable Housing Plan are the obligation of Developer,
who shall be responsible for fulfilling them at Developer's sole cost and expense. Neither the
City nor the Rohnert Park Community Development Agency will have any obligation to assist in
the development of any of the Affordable Units or Second Units. The Developer shall provide
any and all subsidies necessary to construct the Affordable Units and to comply with all
provisions of the Affordable Housing Plan.
VII. PRIORITY
REVISED
12
The Affordable Housing Agreement described above shall be superior to any mortgage,
deed of trust, lien, or other encumbrances (other than the lien for current taxes or assessments not
yet due) recorded against the Property, and shall be enforceable against any party who has
acquired its title by foreclosure, trustee's sale, voluntary conveyance, or otherwise. If so
requested by the City, the Developer or its successor shall execute and agree to the recording of a
subordination agreement evidencing the provisions of this Section VIII.
VIII. ADJUSTMENT
The Developer may seek a reduction, adjustment, or waiver of these Affordable Housing
requirements as is set forth in Rohnert Park Municipal Code Section 17.07.020, footnote (N),
subsection 15.
REVISED
13
AFFORDABLE HOUSING PLAN MAP
AFFIDAVIT OF POSTING
Pursuant to California Govemment Code $ 36933 and S 40806
Pursuant to Rohnert Patu 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.937
Summary of Ordinance No. 937 of the City Council of the Cíty of Rohnert Park,
California, Adopting an Ordinance Approving a Fourth Amendment to the
Development Agreementfor the Southeasf Speclfi c PIan between the City of Rohnert
Park and Penn Grove Mountain LLC was published on 1111512019 and 1210612019, 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 fuli text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 1111512019 and 1210612019.
Summary of Ordinance Âlo. 937 was published in the Community Voice on 1111512019
and 1210612019 as required by law.
\'[^ - -i^^/\,,..^ ,r *
(y'nnne Buerslär, city Õi-erk l-
Subscribed and sworn to before me this December 16,2019
SS
Sylvia Lopez Cuevas, Assistant City Clerk -
City of Rohnert Park
Summary of Ordinance No. 937
STATE OF CALIFORMA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times he¡einafter 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 newspapel 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 Govemment 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 anã fo. 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 inst¡uction of such classes, professions, trades, callings, races or
denorninations; 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 fi¡st publication of this notice herein mentioned; that said notice was
set in type notimalle¡ than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance No. 937" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the l5 day November,2019 and ending on the 15 day of November,2019.
I HEREBY CERTIFY AND DECLARE I-INDER THE PENALTY OF perjury that the foregoing is true and correct
EXECUTED this 15 day of November, 2019 , at Rohnert Park, California.
Signed
Claudia Smith Chief Cle¡k
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
COTINTY OFSONOMA
ROI-INERT PARK
Nov 21 2019
;:Ë.FY CLERK
JoAnne Buergler'
City Cle*
Clty of RohneÉ Park
2019.
CERTIFICATION OF PUBLICATION IN
"The community voICE"
(Published every FridaY)
in the
SUPERIOR COURT
of the
STATE OF CALIFORMA
In and For the County of Sonoma
COUNTY OFSONOMA
Chief Clerk
ROHNER]'PARK
DEC t 2 201s
C¡TY CLERK
City of Rohnert Park
Summary of Ordinance #937
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter swom, 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
circulätion, published in the City of itotrnôrt Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentionéd, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
itsstatusassuchnewspaperofgeneralcirculationhavingbeenestablishedbyCourtDecreeNo.35Sl5oftheSuperiorCourtofthe -
State of California, in ãnO for thle 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 thelnterest, 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
denorünations; that at all said times said newspaper has been established and published in the said City of Rohnert Pa¡k, in said County
a¡d State at regular intervals for more than one yèar preceding the first publication of this notice herein mentioned; that said notice was
set in type notimaller than non-pareil and was preceãed with words printed in black face type no smaller than non-pareil, describing
and expiessing in general terms, the purpoÍ anã character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance #937" of *hi.h the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s)'
commencing on the 6 day December 2079 and ending on the 6 day December 2019.
I HEREBY CERTIFY AND DECLARE LINDER THE PENALTY OF perjury that the foregoing is true and correct
EXECUTED this 6 day Decembe¡ 2019 , at Rohnert Pa¡k, California.
Signed
tu
Claudia Smith
Gouncilmembers Adams, Mackenzle, Statford and V¡ce Mâyor Callinan
None
Mayor Belforte
NoneABSTAIN:
Buergler,ffi
Communlty Voice
Dated: December 3, 2019
Pub: December8,2019