HomeMy WebLinkAboutResolution 2001-039 N.C.S. 02/20/2001-; Resolution No2oo,-039 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PETALUMA, CALIFORNIA
WAIVING A PORTION OF FUTURE TRAFFIC MITIGATION FEES FOR
PROPERTY OWNERS WITHIN ASSESSMENT DISTRICT 2000-01
Assessment District 2000-01 (McDowell/E. Washington)
WHEREAS, the City Council of Petaluma is considering approving a resolution adopting the
Engineer's Report confirming the assessments, ordering the-work and acquisitions and directing actions
with respect thereto for Assessment District 2000-01; and
WHEREAS, the Engineers Report states that one of the special benefits received by the properties from
the Assessment District is that the intersection improvements anticipate future development conditions
on their properties; and
WHEREAS, one of the future development conditions is the contribution of traffic mitigation fees; and
WHEREAS, to induce. the property owners within Assessment District 2000-01 to vote in favor of the
Assessment District, it is proposed that the traffic mitigation fee be waived for future development
expansion of up to a total of 25% of the existing facility square footage, within a period of 25-years or
the life of the Assessment District 2000-01 bonds, whichever is longer; and
WHEREAS, the effects of the proposed waiver of traffic mitigation fees would be as follows:
Year 2000
Assessed 25% Maximum Value
Assessor's Facility Square of Traffic
Parcel Owner Square Footage Mitigation Fee
Number Footage Expansion Waiver
007-213-030 Petaluma Properties 20000 .5000 $12,440
Inc.
007-280-038 .Ann Morrissey 7182 1796 $4,467
007-280-046 Washington Square 13620 3405 $8,472
Assoc.
007-280-049 Friedman, Morton L. 0 0
and Marcine
007-280-052 Washington Square 2288 572 $1,423
Assoc.
007-280-054 Chevron USA Inc. 2011 503 $1,251
007-280-055 Washington Square 134242 33561 $83,499
Assoc.
Resolution No.2 0 01 - 0 3 9 x.c.s. Page 1 o f 3
007-280-069 Washington Square 7196 1799 $4,476
Assoc.
007-280-070 Washington Square 4346 1087 $2,703
Assoc.
007-28U-071 Washington Square 15376 3844 $9,564
Assoc.
007-280-072 Washington Square 3900 975 $2,426
Assoc.
OD7-280-073 Washington Square 0 0
Assoc.
007-340-006 Thorup, Martha et. al. 1723 431 $1,072
Trust
007-340-007 Thorup, Martha et. al. 156519 39130 $97,355
Trust
007-340-008 Thorup, Martha et. al. 3084 771 $1,.918
Trust
007-350-008 Syers Property I, L.P. 26397 6599 $16,419
007-350-009 Syers Property I, L.P. 183939 45985 $114,410
Square Footage
Tctals 581,823 145,456
Potential 'V~Jaiver
Totat $361,894
WHEREAS, some of the property owners now own or may in the future own more than one parcel
within Assessment District 2000-01, it is proposed as a further inducement to the property owners to
aiiow an owner of more than one parcel: (a) to aggregate the waivers associated with all of the parcels
ov~~ned by such owner; and (b) to apply such aggregated. waivers, in such proportion as such owner may
elect, to development of all or any of such parcels; and
VVlIER.EAS, an owner within Assessment District 2000-O1 may acquire contiguous property that is
outside of the Assessment District, it is proposed as a further inducement to the property owners to allow
such an otivner: (a) to transfer, in whole or in part, such owner's traffic mitigation waivers, including
aggregated waivers, to the acquired property; and (b) to apply the same to development of the acquired
property; acid
WHEREAS, the owners of APN 007-213-030, Petaluma Properties, Inc. (Best Western Petaluma Inn)
can apply the traffic mitigation fee waiver to an expansion of their business into the residential parcel
that they own at the corner of McDowell Blvd. So. (228 McDowell Blvd. So.); and
WHEREAS, the adoption of these Resolutions does not impl}~ City approval of any City permits of an
expansion;
NOW BE I~' RESOLVED by the City Council of the City of Petaluma that if a majority of the property
owners, based on the dollar amount being assessed, vote in favor of Assessment District 2000-01 and
Assessment District 2000-01 is established:
Reso. 2001-039 NCS'' Page 2 of 3
A. the traffic mitigation fee shall be waived for the property owners within the Assessment
District 2000-01 for future development expansion of up to a total of 25% of the existing facility square
footage, allocated among the properties within the Assessment District as set forth in the above table;
and
B. the period within which such traffic mitigation fee waivers shall be effective shall be 25-
years or the life of the Assessment District 2000-01 Bonds, whichever is longer; and
C. the life of the Assessment District 2000-01 Bonds shall not be less than 20 years; and
D. an owner who owns, now or in the future, more than one parcel within Assessment
District 2000-01 shall be entitled: (a) to aggregate the traffic mitigation fee waivers associated with all
of the parcels owned by such owner; and (b) to apply such aggregated waivers, in such proportion as
such owner may elect, to development of all or any of such parcels; and
E. if a property owner within Assessment District 2000-01 acquires another property
contiguous to his, .her, or its property and the acquired property is outside of the Assessment District, the
traffic mitigation fee waivers of such owner for property within the Assessment District, including
waivers aggregated under Resolution D, above, maybe: (a) transferred, in whole or in part, to the
acquired property; and (b) applied to the development of the acquired property; and
F. for purposes of Resolutions D and E, above, multiple properties that are not owned by the
same entity shall be deemed to be owned by only one entity and shall be entitled to the rights and
benefits of Resolutions D and E if the ownership entities are themselves more than 50% owned or
controlled by the same owners (e.g., without limitation, if two properties are owned by two separate
corporations, but the same person holds more than 50% of the stock of each corporation, the properties
will. be deemed to be owned by only one owner for purposes of applying Resolutions D and E); and
G. if a property is transferred to a new owner, the unused waiver and the other benefits of
the Resolutions set forth herein shall run with the land and shall inure to the benefit of the new owner;
and
I3. neither the adoption of these Resolutions nor the benefits conferred by them shall be
deemed to be in lieu of or to derogate from any other rights of the property owners regarding traffic
mitigation, and/or traffic mitigation fees, waivers and/or credits, nor shall the acceptance or exercise of
any of the benefits of these Resolutions by a property owner be deemed to be a waiver of any other
rights of such owner regarding traffic mitigation and/or traffic mitigation fees, waivers and/or credits.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting or
on the ... 2 0th..... day of .......~:t~):1~Uc1~'.~I ....................... 2(>rl.l.. b the
..... ~ Y
following vote: •••••••••• •~ ••••••••••• y•••••••
i Attorne
AvES: O'Brien, Healy, Torliatt, Maguire, Vice Mayor Cader-Thompson,
Mayor Thompson
NOES: Moynihan
ABSENT: None
ATTEST: ......... ~Gl.<t~!l: ........... ................................
City Clerk ltf1111 ~~ 1
Council Ejlg,../~ ..............................
Res. No...L...U...V...1.-II.3.(~.N.C.S.
............ . ................... ...............................................
Mayor
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