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2023/07/11 City Council Ordinance 979 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Paris Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 979. Ordinance No. 979, an Ordinance of the City Council of the City of Rohnert Park Rescinding Ordinance 928 and Terminating the Development Agreement between the City of Rohnert Park and Laulima Development, LLC, for development of the Station Center (APN 143-040-124 AND APN 143-051-089) was published on 6/30/2023 and 7/14/2023 as required by law, and posted in five (5) public places in said City, to: www.rpcity.orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 6/30/2023 and 7/14/2023. The summary of Ordinance No. 979 was published in the Community Voice on 6/30/2023 and 7/14/2023 as required by law. Sylvia Lopez Cuity Clerk Subscribed and sworn to before me this August 9, 2023 Elizabeth Machado, Assistant City Clerk CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of Ordinance No. 979 ROHNERT PARK JUL p 7 2023 CITY CLERK STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary of Ordinance No. 979" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 301 day of June, 2023 and ending on the 301 day of June, 2023. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 30" day of June, 2023at Rohnert Park, California. Signed Claudia Smith Chief Clerk SUMMARY OF ORDINANCE N0. 9T9 OF THE WY OF RONNERT PARK, CALIFORNIA, RESCINDING ORDINANCE 928 AND TERMINATE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND LAULIMA DEVELOPMENT, LLC, FOR DEVELOPMENT OF THE STATION CENTER (APN 143-040-124 AND APN 143-051-089) Pursuantto Govemment Code Section 36933 (c), the following constitutes a summary of Ordinance No. 979 introduced by the Rohnert Park City Council on Juno 27, 2023 and schaduled for consideration of adoplfon on July 11, 2023 at its meeting to be hold In the City Couneil Chambers,130 Avram Avenue, Rohnart Park, California. Meeting delai[swill be posted at least 72 hours prior to the Meeting at https:fhvww,rpcity.o rgfcity_halgcity_counc lumeeti ng_centra I In 2018. a developmant agreement (DA) was approved by ordinance as part of the Stauarl Avenue project approvals and recorded against the title of the property. The DA is binding on future owners and In order to ensure clear title to the downtown property, lb ordinance approving the DA would be rescinded by the adoption of 04nance 979 and the DA formally terminated. Irw r�M ter:, (,-pig A certified copy of the full text of Ordfnance 979ts posted and available far roview a1 City Hall at 130 Avram Avenue, Rohnert Park, jqalfforpia and on the clty's waWde all This ordinance shall be in full farce and effective thirty (30) days after its adopth and shall be pubiish and posted as required by law. This ordinance was Introduced tha Councit of the City of Rohnert Park on dune 27, 2023 and Is scheduled for cons eradon of adoption on July 11, 2023. DATED; June 28, 2023 , Sylvia Lopez Cuevas, City Clerk City of Rohnert Park Publish Date: June 30, 2023 The Community Voice " ROHNERT PARK CERTIFICATION OF PUBLICATION IN JUL 2 4 2023 "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. 979 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 circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary of Ordinance No. 979" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 14' day of July, 2023 and ending on the 14' day of July, 2023. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 141 day of July, 2023 at Rohnert Park, California. Sign Claudia Smith Chief Clerk SUMMARY OF ORDINANCE N0. 919 OF THE CRY OF ROHNERT PARK, CALIFORNUiy RESCINDING ORDINANCE 928 AND TERMINATE THE DEVELOPMENT AGREEMENT BETWEEN THE CRY OF ROHNERT PARK AND LAULIMA DEVELOPMENT, LLC, FOR DEVELOPMENT OF THE STATION CENTER (APN 143-040-124 AND APN 143-051-089) Pursuant to Govamment Code Section 36933 (c), the follevring canstitutes a summa ;f Ordinance No. 979 Introduced by the RoWert Park Clty Council on June 27, 2023 ai idepted on July 11, 2023 at its rneating to be held in the City Council Chambers, I 4vramAvenue, Rohnart Park, California. In 2318, a development agreement (DAy was approved by ordinance as part of t Station Avenue project approvals and recorded against the We of the property. The I is binding on future owners and In order to ensure clear title to the downtown proper tha ordinance approving the DAwould be rescinded by the adoption of Ordinance 9 and the DA formally terminated. A certtPed copy of the full text of Ordinance 979 is pasted and available for review City Hail at 130 Avram Avenue. Rohnert Park. California and on the city's website https:llt1nyu rhoomf R P•Notices-and-Pu blic-Hearl n gs AYES: (5) Councllmembers Elward, Giudice, and Sanborn, Vice Mayor Hollingsworth Adams, and Mayor Rodriguez NOES: (0) None ABSENT (0) None ABSTAIN: (0) None BATED: July 12, 2023 — Sylvia Lopez Cuevas, City Clerk City of Rohnert Park Ilsh Date: July 14, 2023 Communtty Voica ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, RESCINDING ORDINANCE 928 AND TERMINATING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND LAULIMA DEVELOPMENT, LLC, FOR DEVELOPMENT OF THE STATION CENTER (APN 143- 040-124 AND APN 143-051-089) 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, Laulima Development, LLC, filed Planning Application No. PROJ18-0001 proposing the Station Avenue Final Development Plan("FDP"),Conditional Use Permit("CUP"), Tentative Map("TM")and Development Agreement("DA") for a proposed project("Project")on a 32 acre parcel located at 6400 State Farm Drive (APN 143-051-072 and 143-051-089) ("Property"), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, in connection with the Project, Developer and City Staff negotiated and adopted a development agreement ("Development Agreement") in accordance with the requirements of Government Code § 65864,et seq., and Chapter 17.21, "Development Agreement Procedure" of the RPMC, which was adopted by City Council Ordinance 928 on November 27, 2018; and WHEREAS, the Project did not advance, and the City of Rohnert Park purchased the Property; therefore, the Development Agreement is no longer necessary; and WHEREAS, according to Section 17.21.060 (Adherence to development agreement, and amendment or cancellation by mutual consent) a DA may be terminated by mutual agreement of the parties and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements; and WHEREAS,pursuant to California State Law and the RPMC,public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on May 25, 2023, the Planning Commission held a public hearing, at which time interested persons had an opportunity to testify either in support or opposition to the termination of the Development Agreement. WHEREAS, on June 27, 2023, the City Council held a public hearing, at which time interested persons had an opportunity to testify either in support or opposition to the termination of the Development Agreement. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert Park as follows: SECTION 1. Recitals. The above recitations are true and correct. SECTION 2. CEQA Review. The termination of the Development Agreement is not a"project" under CEQA as it does not have the potential for resulting in either a direct physical change in the Ordinance No.979 Page 1 of 3 environment or a reasonably foreseeable indirect change and is not an activity that will be undertaken. Further,even if the termination was a project, it would be exempt under the"common sense exemption" in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the termination would have a significant effect on the environment. In addition,the EIR adopted for the Central Rohnert Park PDA,that covers the Property,will continue to remain in effect. SECTION 3. Findings. The termination of the Development Agreement is consistent with the City's General Plan as the Property can develop consistent with the General Plan without the Development Agreement in place. The City Council has considered other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed amendment upon abutting properties and the surrounding area; ability of the applicant to fulfill public facilities financing plan obligations;the relationship of the project to the city's growth management program;the provisions included, if any, for reservation,dedication,or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park, and of its contribution if any toward meeting the city's housing needs. SECTION 4. Termination. Based on the findings set forth in this Resolution and the evidence in the staff report,the City Council adopts this ordinance to rescind Ordinance 928 and terminate the Development Agreement. The City Manager or designee is authorized to take any and all actions to effectuate the termination of the Development Agreement, including without limitation, recording a Notice of Termination in the Official Records of Sonoma County. SECTION 5. Severability The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 6. 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 City Council of the City of Rohnert Park on June 27, 2023 and DULY AND REGULARLY ADOPTED this 11th day of July, 2023 by the following roll call vote: AYES: Five (5) Councilmembers Elward, Giudice, Sanborn, Vice Mayor Hollingsworth Adams and Mayor Rodriguez NOES: Zero (0) ABSENT: Zero (0) ABSTAIN: Zero (0) CITY OF ROHNERT PARK _ _ anth driguez, Mayor -— Ordinance No. 979 Page 2 of 3 ATTEST: Sylvia Lopez- v er APP VED AST F : 2 Ci A ey Ordinance No. 979 Page 3 of 3