2023/11/14 City Council Resolution 2023-078 RESOLUTION NO. 2023-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING PUBLIC IMPROVEMENT AGREEMENTS FOR
THE SOUTHEAST ROHNERT PARK PHASE 4 WET UTILITY IMPROVEMENTS,
DRY UTILITY AND SURFACE IMPROVEMENTS AND LANDSCAPE
IMPROVEMENTS WITH SOUTH FEN, INC.
WHEREAS,on December 7, 2010, the City Council of the City of Rohnert adopted
Resolution No 2010-134 approving the Final Environmental Impact Report(EIR) for the
Southeast Rohnert Park Specific Plan Area including a draft EIR, a recirculated draft EIR,
response to comments,changes, clarifications, and corrections to the draft EIR and appendices
(together the "2010 EIR"); and
WHEREAS,on November 25, 2014, the City Council of the City of Rohnert Park
adopted Resolution 2014-166 approving the Tentative Map for the Southeast Rohnert Park
Specific Plan, prepared by Civil Design Consultants dated August 2014 (the "Tentative Map"),
subject to certain conditions of approval ("Conditions"); and
WHEREAS, on December 9, 2014, the City Council of the City of Rohnert Park adopted
Ordinance No. 882, approving a Development Agreement("Development Agreement") between
the City of Rohnert Park and Redwood Equities LLC, a California Limited Liability Company
and predecessor in interest to Penn Grove Mountain, LLC; and
WHEREAS, Penn Grove Mountain LLC has conveyed the Phase 4 portion of the
Southeast Specific Plan Area project site to South Fen, Inc. ("South Fen"or"Developer")and
will be assigning its rights and obligations under the Development Agreement as to Phase 4 to
Developer; and
WHEREAS, the Developer intends to file a Final Map for South Fen, Inc. Phase 4,
consisting of 76 single-family residential lots; and
WHEREAS,the Development Agreement and the Conditions of Approval include
requirements to construct all improvements within the Final Map, including streets, storm
drainage, water, sewer, recycled water,joint trench, streetlighting, landscaping, curb, gutter,
sidewalk, signage, and road markings improvements in conjunction with the Final Map filed for
the Southeast Specific Plan Area; and
WHEREAS,the Developer has submitted plans submitted plans and specifications for
the Phase 4 Wet Utilities Improvements, and will be submitting plans and specifications for the
Surface and Dry Utility Improvements and Landscape Improvements; and
WHEREAS,the Developer will provide performance and material bonds prior to
entering into a Public Agreement guaranteeing construction of improvements as follows;
• Wet Utilities Improvements (Sewer, Water, and Storm) — One Million, Seven
Hundred Sixty-Two Thousand, Seven Hundred Eight-One dollars and no cents
($1,762,781.00).
• Surface and Dry Utility Improvements — Two Million, Six Hundred Ninety-Eight
Thousand and Thirty-Three Dollars and No Cents ($2,698,033.00).
• Landscaping Improvements — Four Hundred Forty-Four Thousand, Three
Hundred Twenty-Two Dollars and No Cents($444,322.00).
WHEREAS, the City and Developer desire to enter into Public Improvement
Agreements to more thoroughly define the terms and conditions of the construction and
dedication obligations under the Conditions; and
NOW,THEREFORE., BE IT RESOLVED by the City Council of the City of Rohnert
Park that the public improvements and activities were adequately described and mitigated in the
Southeast Rohnert Park Specific Plan Final EIR, and that no other CEQA analysis is warranted.
BE IT FURTHER RESOLVED that the City Council does hereby authorize and
approve the Public Improvement Agreements for the Southeast Rohnert Park Specific Plan Phase
4 with South Fen, Inc., a California Corporation, in the forms attached hereto and incorporated
by this reference as Exhibit A, B, and C to this resolution.
BE IT FURTHER RESOLVED that after South Fen's assumption of rights and
obligations under the Development Agreement as to Phase 4, the City Manager or Assistant City
Manager is hereby authorized and directed to execute the Public Improvement Agreements for
the Southeast Rohnert Park Specific Plan Phase 4 with South Fen, Inc., a California Corporation,
in substantially similar form to the forms attached hereto and incorporated by this reference as
Exhibit A, B, and C, subject to minor modification by the City Manager or Assistant City
Manager or City Attorney.
DULY AND REGULARLY ADOPTED this le day of N;,,t ower,2023.
CITY OF ROHNERT PARK
a Rodriguez, Mayor
ATTEST:
Elizabe h Machado, Assistant City Clerk
Attachments: Exhibit A, B, and C
ELWARD: PA CIUDICE. IAt Q SANBORN: nt.A HOLLINGSWORTH ADAMS: At RODRIGUEZ: ALAC
AYES: ( 5 T NOES: ( ) ABSENT: ( 95') ABSTAIN: ( e-yC)
Resolution 2023-078
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For attachments to Resolution 2023-078
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