HomeMy WebLinkAboutAgenda Bill 5.APart3 12/20/2010RESOLUTION NO.
A RESOLUTION OF' FORMATION OF THE CITY COUNCIL OF CITY OF PETALUMA
SPECIAL TAX DISTRICT NO. 20XX -X (SUNNYSLOPE II SUBDIVISION)
RESOLVED bythe Council (the ACouncil @) of the City of Petaluma (the ACity @), County
of Sonoma, State of California, that:
WHEREAS, on xxxxxxxx, 20xx, this Council .adopted a resolution: entitled "A Resolution
of.Intention.of the City Council of the City of Petaluma to Establish City of Petaluma; Special Tax
District No. 20xx -x (Sunnyslope II Subdivision)" (the "Resolution of Intention"), stating its
intention to form Special Tax District No. 20xx -x (Sunnyslope II Subdivision) (the "District'),
under the Petaluma Special Tax Financing Code (the "Code "), being Chapter x -xx of Title x of
the Petaluma City. Code,, and
WHEREAS, the Resolution of Intention, referencing a map of the proposed boundaries
of the District and referencing 'the services to be provided (the "Services ",) and the rate and
method of apportionment of the proposed special tax to be. levied,within the District, is on file.
with the City Clerk and the provisions thereof are incorporated herein and made a part hereof by
this reference; and
WHEREAS,the Services referenced in the Resolution of Intention are set forth in Exhibit
A, attached hereto and hereby made a part hereof; and
WHEREAS, on this date, this Council held a public hearing as required by the Code and
the Resolution of Intention relative to the proposed formation of the District; and
WHEREAS, at the public hearing, all interested persons, desiring to be heard on all
matters pertaining to the formation of the District, the Services to be provided therein, and the
levy of said special tax were heard and a full and fair hearing was'held; and
WHEREAS,; at the public hearing, evidence was presented10 this Council on the matters
before it, including a `District Report (the AReport @) as to the Services to be provided through the
District and the costs thereof, a copy of which is on file with the City Clerk, and this Council at
the conclusion of the public hearing is fully advised in the premises; and
WHEREAS, written protests with "respect to,the formation of the. District, the furnishing of
the, specified types of Services and'the rate and method of apportionment of the: special taxes
hAve ,not been filed' with the City Clerk by fifty percent (50 %) or more of the registered voters
residing within, the territory of the District or property owners of one -half (1 /2) or more of the area
of "land within the District and not exempt from the proposed special tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for the proposed
Services to be provided as =set forth in Exhibit B -1 hereto, has not been eliminated by protest by
fifty percent (50 %) or more of the registered voters residing within the territory of the District or
the; owners of one. -half (1 /2) or more of the area of land within the District and not exempt from
the special tax.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:,
1. Recitals Correct. The foregoing recitals are true and correct.
2. No Majority ° Protest. The proposed special tax to be levied within the District has
not been precluded by majority protest pursuant to the Code. 6 2
3: Prior proceedings Valid. All prior proceedings taken by this City Council in
connection with the establishrrent.of °the District and the levy of the special tax have been duly
considered and are, hereby`found and determined to be valid and in conformity with the Code.
4. Name of District. The special tax district is hereby',d'esignated "City of Petaluma,
Special Tax District No. 20xx -x (Sunnyslope II Subdivision)" and is hereby established pursuant
to the Code.
5. Boundaries of District XXXXXXXXXXXXXXXXXXX
6. Description of Services. The types of Services proposed to be financed by the
District and pursuant to the Code shall consist of those items listed as Services in Exhibit A,
attached hereto and by this reference incorporated herein (the.AServices@I
7. Special Tax.
a. A special tax.(the ASpecial Tax @) suffidentto- paythe costs of the
services, secured by the recordation of a continuing lien, against all non- exempt real
property in the District, is intended to be levied annuallywithi'n the District, and collected
in the same manner�and at the same time as ordinary ad valorem property taxes or in
such other manner as may be prescribed by this Council, including direct billing to the
property Owner(s).
b. The estimated cost of the Services for fiscal year 20xx -20xx is set forth in
Exhibit B, attached hereto and by this reference incorporated herein.
c. . The proposed rate and method of apportionment of the Special Tax
among the parcels and' lots of real property within the `District, in sufficient detail to allow
each landowner` within the proposed District to estimate the maximum amount such
owner will have to pay, are shown in Exhibit B -1, attached hereto and by this reference
incorporated herein.
8. Increased Demands: It is hereby found and determined that the Services are
necessary to meet'increased demands placed upon the City as the result of development
occurring in the District.
9. Responsible'Official: XXXXXXXXXXXXXXXXXXXXXX
1'Q. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section
3114.5 of the'Streets,a_nd.Highwaysl Code of California, a continuing lien to secure each levy of
the Special Tax shall lattach to all nonexempt real property in the District and this ,lien shall
continue, in force an i effect until the Special Tax obligation is canceled in accordance with law or
until collection of the tax bythe -City ceases..
11. Appropriations Limit. In accordance with the Code, the annual appropriations
limit, as defined bysubdivision (h) of Section 8 of Article X111'B of the California Constitution, of
the District is hereby preliminarily established at $xx,xxz.and such appropriations limit shall be
submitted to the qualified electors otthe. District as hereafter provided. The proposition
establishing the annual, appropriations limit shall become effective if approved by the qualified
Reso. No
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electors: voting thereon.
12. :Election. The p n ropositions relating to the levy of the Special.Tax and the
establishment of the appropriations limit, specified above, shall be submitted to the qualified
electors of the District on the*same ballot as permitted by the Code.
13. Qualified Electors. This Council hereby finds that fewer`than.12 persons have
been. registered to. vote within the, territory of the District for each of the ninety (90) days
preceding the close of the public hearing heretofore conducted and concluded by this Council for
the District. Accordingly, this Council` finds that, for these proceedings, the qualified electors are
the landowner(s) within the District and, that the vote shall be by?such landowners or their
authorized representatives, each having one vote for each acre or portion thereof such
landowner owns in the District;as of the close of the public hearing.
14. Conduct of Election. This Council hereby calls a special election to consider the
measures described above, which election shall .be held at this meeting of this Council
onxxxxxxxx xx, 20xx. The City Clerk is hereby designated as the official'to conduct the election
and to receive all ballots untif the close of business on the election date. It is. hereby
acknowledged that the Clerk has on file the Resolution of Formation; a copy of the map of the
boundaries of the District and a sufficient description to allow the Clerk to determine the electors.
Under the Code, the election shall be conducted by messenger or'mail- delivered ballot.
15. Ballot. The form of ballot attached hereto as Exhibit AC @, and by this
reference incorporated herein, is hereby approved. The City Clerk is hereby authorized and
directed to cause the ballot to be supplied, in substantially such form, to the person or persons
known to be the owner or the authorized representative of the owner'ofthe property in the
District. The ballot shall indicate the number of votes to be by the landowner to which the
ballot pertains. Each ballot shall be. accompanied by written instructions necessary for the use
and return ofthe- ballot: The envelope to be used to retum the ballotshall be enclosed with the
ballot; with the return postage prepaid and shall contain the following; (a) the name and address
of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the
landowner of record, or the authorized. representative of the landowner, entitled to vote and is
the person whose name appears on the envelope, (c) the printed name,, signature and address
of the voter (d) the date of signing and place of execution of the declaration pursuant to clause
(b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only
.byAhe City Clerk.
16. Waivers. This Council hereby further finds that the provisions of the Code
requiring a minimum of 30 days following the adoption of the Resolution of Formation to elapse
before1he special election is held are for the protection of the qualified electors of the District.
The ballot contains a written waiver executed by all of the qualified electors of the District
allowing for a- shortening of the time for - the special election to expedite the process of formation
of the District and waiving any requirement for notice, analysis and arguments in conn "ection with
the election. Accordingly, this Council finds and determines that the qualified electors have beeh
fully apprised of, and have agreed to the: shortened time for the election and the, waiver of notice
analysis and arguments,,and have thereby been fully protected in these proceedings. This
Council also finds and determines that the City Clerk has concurred in the shortened time for the -
election.
Reso. No.
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17 Effective DAte.111 resolution shall take effect upon its adoption.
IN COUNCIL DULY PASSED AND ADOPTED this day of 20xx.
APPROVED AS TO FORM:
city:Attofhey
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WHEN RECORDED RETURN - TO:.
Bart Vari Voorhis
P.O. Box 2828
Santa Rosa, CA 95405
DECLARATION OF A MAINTENANCE AGREEMENT
FOR
LOTS 7, 8 9, 10 AND 1,1
PRIVATE DRIVEWAY, PRIVATE STORM DRAIN AND PRIVATE SANITARY SEWER
This Declaration of Maintenance Agreement (hereinafter referred,to as "Agreement ") is
made on the date set forth below by XXXXXXXX (hereinafter referred to as
"Declarant").
A. Description of Real Property Declarant is the owner of that certain real
property located in Petaluma California, which is more particularly described on
Exhibit "A" attached hereto and incorporated herein.
B. Purpose of the Agreement. The purpose of this Agreement is to establish the
basic rights, agreements and responsibilities of the parties hereto, their successors
and assigns and all parties having or acquiring any right, title or interest in or to the
real property described above (hereinafter referred, to as "Owner" or "Owners "),
with regard to the maintenance of the ( "Maintenance Areas ") as said Maintenance
Areas are shown on Exhibit "B" hereto.
NOW, THEREFORE, Declarant hereby declares that the real property described
above shall be held, conveyed, mortgaged, encumbered, leased, rented, used,
occupied, sold and improved, subject to the following agreements, declarations,
limitations, covenants, conditions, restrictions, easements, ,and assessments all of
which are forthe purpose of enhancing and protecting the value and attractiveness
of the real property described above, and every part thereof, in accordance with
the: plan for improvement of said property. All of thel agreements, declarations,
limitations, covenants, conditions, restrictions, easements' and. assessments, shall
constitute covenants which shall run with the land and shall' be: binding upon
Declarant and its successors, and assigns, and all parties having' or acquiring any
right, title or interest in onto the real property described above.
NOW THEREFORE, the undersigned agree as follows:
1. Covenant. This .Agreement is entered into by all of the parties signatory hereto
in connection with their rights with regard to said 'Maintenance Areas and shall be
deemed to be a covenant running with the land binding each party hereto, their
heirs,. devisees, successors, assigns and grantees, who shall be owners of any of
the property above described to comply with each term thereof.. This Agreement
provides a general plan for the - maintenance, care, upkeep and replacement of that
certain Maintenance Areas described above, and shall be for the benefit of each
parcel of property above described and
,Lots7891011 MaintAgreement.doc
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shall be an .obligation of each. owner thereof, and is entered into to provide for
reasonable maintenance and repair of the Maintenance .Areas which provides
access to all of` the parties' signatory hereto and their respective- parcels of real
property.
2. Maintenance and 'Repairs. Maintenanceand'repairs required to be undertaken
and performed under this Agreement shall be those needed to maintain and
repair'.said - Maintenance Areas in a functional and safe condition comparable to
that which exists at the time this Agreement is recorded in the Office of the
Sonoma County Recorder. Maintenance and repairs necessary to remedy
deterioration resulting from ordinary wear and tear, which does not affect the
functional and safe condition of the Maintenance Areas, may be undertaken by
majority vote of the Owners. Improvement of- the Maintenance Areas to a
condition over and above the condition at the time this Agreement is recorded in
the Office of the Sonoma. County Recorder shall require the unanimous vote of
the Owners. It is specifically understood that all owners of the real property
described hereinabove shall be, as of the commencement of this Agreement,
responsible for the maintenance and repair of the Maintenance Areas.
In the event that any Owner desires that maintenance and repairs be performed
Y on the above- referenced Maintenance Areas and cannot `obtain the concurrence
of a majority of Owners within six months after written request for such
concurrence, said , Owner shall have the right to apply for such relief as may be
available under the provisions of California Civil Code Section 845 (or
amendments thereof) as if this Section entitled "Maintenance and Repairs" were
not in effect, except that the allocation of payment for such maintenance and
repairs shall be as provided in the Section entitled "Maintenance Costs ".
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3. Additional Repairs. Each party agrees not to undertake any additional repairs
or maintenance not specified in this Agreement without first obtaining the express
written consent of all other parties.
4. Easement for Maintenance. For the sole purpose of effecting compliance with
this Agreement, and subject to the limitations ;contained within this Agreement,
the Owners ror their.,authorized agents and employees "shall have an easement im
and across thatr portion of the Maintenance Areas on each Lot or parcel subject to
this Agreement.
5, Entry for .Repairs. The Owners, collectively, and for the sole purposer of
complying with this Agreement, may authorize their agents and employees to
enter upon any'Lot or parcel when necessay in connection with any maintenance
or repairs for which the Owners are responsible 'to effect emergency repairs or to
affect necessary repairs which may be required by this Agreement. Such entry
shall be rn'ade with as little inconvenience to the Owner as practicable and any
damage caused`thereby'shall be repaired by the Owners at their expense. Except
in case of an emergency, 24 -hour advance notice shall be given to the Owner or
occupant of any Lot or parcel.
6. Maintenance Costs. The owner or owners of each Lot or parcel subject to this
Agreement agrees to bearand. pay equal costs of maintenance and repair of said
Maintenance Areas.
Lots7891011 MaintAgreemenr..doc
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T Custodian of Funds. For the- purposes of collecting and maintaining money for
the maintenance and repair of said Maintenance Areas, the Owners, ' by majority
vote of parcels, shall designate a custodian thereof.
8. Voting Rights. For any matters, which. require a vote pursuant to this
Agreement, the following Voting rights-shall apply.
The owner or owners of each parcel of real property subject to this Agreement
shall be entitled to one (1) vote, and any one (1) or more of the joint tenant or
tenant =in- common owners of said property may cast the vote provided that, in the
event of a dispute among owners of one parcel, the majority shall be entitled to
vote and, if no: clear majority can be obtained, the parties shall lose their right to
vote. For the purposes of this Agreement, the party who has fee title to said
parcel or ,parcels shall be entitled to vote, provided that if said party sells under
contract of sale then they, by the said contract, may convey to the purchaser
thereon the right to Vote in this said Agreement.
9. Owners' Liability. The Owners do not agree to share any liability arising from
personal injury or property damage other than that attributable to the repairs or
maintenance undertaken pursuant to this Agreement.
10. Insurance Each Owner shall be responsible for maintaining his or her own
insurance, 4 any.
11. Personal Injury and Property Damage Liability Each Owner agrees to bear
liability in the same percentage as they share the costs of repair, as specified
above for any 'personal injury" or propert y. damage to. (a) any worker employed to
make repairs or do maintenance under this Agreement; or (b), any third person,
which results from or arises out of maintenance "or repairs under this Agreement.
12. Annual Meetihq, Assessments. The Owners, agree that they shall meet in a
majority at least once annually to decide on the maintenance and .repairs to be
made to the said Maintenance Areas, and to make and assess each property
Owner under the method above provided for the maintenance and repair of said
Maintenance Areas.
13. Disputes. If : any patty to this Agreement asserts that another party is not in
compliance with this Agreement and the parties cannot, resolve the dispute
among themselves; the matter shall be submitted to binding arbitration in
accordance with the rules of the American Arbitration Association. Judgment
upon' the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. In the event of any dispute between the parties; which
proceedsto arbitration or litigation, the prevailing party shall be entitled'to recover
reasonable expenses, attorneys' fees and costs.
14. Term. This, Agreement shall be, effective for the period, commencing with the
date of recordation .hereof' by the last party signatory hereto;' and shall continue in
full force and;.effect fora of years and, unless revoked or modified by
the majority vote of the parties, as prescribed below, shall automatically be
renewed for a 10"year period from each termination date.
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15. Headings. The headings�used in this Agreement are for convenience only and
are not to be used to: interpret the meaning of any of the provisions of this
Agreement.
16. Enforcement - of 'this Agreement- by the ..City of, Petaluma. Each Owner
acknowledges and agrees that the City of .Petaluma, ins the event of a failure of
the Owners to abide by the terms of this Agreernerit, :has the right to demand that
the Owners abide by the Agreement and to enforce this Agreement pursuant to
the provisions of Section 13 of this Agreement. Each :Owner also acknowledges
and, agrees that the City Petaluma shall have the right,. upon reasonable notice,
to enter onto and inspect the Maintenance Areas for the sole and limited purpose
'of enforcing this Agreement.
17. This Agreement shall be binding upon the heirs; devisees assignees of
the parties hereto.
WITNESSETH our hand on 20XX.
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Lots7891011 MaintAgreement.doe +
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EXHIBIT "A?'
All that certain real property situated in the State of California, County of Sonoma and City
of Petaluma, more particularly described as follows:
Lots 7 8, 9 10 and. 11 as shown on the Sunnyslope II Subdivision Map filed in the Office
of the .County Recorder of Sonoma County on 20xx in Book
of Maps at Pages, , County Records.
A.P.N. 019- 203 -008 (portion)
Lots7891011MaintAgreement.doc
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EXHIBIT ..B..
MAINTENAN AGREEMENT AREA
FOR LOTS 7. S, 9 4
FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY
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12 I 11
LEG
MAINTENANCE /
AGREEMENT AREA
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STEV J. L'AF & ASSOCIATES', I
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA 94952;
140 SECOND STREET, SUITE`312'.
707-762-3122 . FAK767- 7623239
I1
State of California )
) ss.
'County of Sonoma )
On before me,
a Notary Public, personally appeared xxxx
xxxxxxx, personally known to me (or proved to me, on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Lots789101 I Mai n ftreement.doc 6
WHEN .RECORDED RETURN TO
Bart Van Voorhis
P.O. Box 2828
Santa Rosa, CA 95405
DECLARATION OF 'A MAINTENANCE AGREEMENT
FOR
LOTS:2, 5 AND '6
PRIVATE DRIVEWAY; PRIVATE STQRM DRAIN AND PRIVATE SANITARY SEWER
This Declaration of Maintenance Agreement (hereinafter referred to as "Agreement ") is
made on the date set forth below by XXXXXXXX (hereinafter referred to as
"Declarant ").
A. Description of .Real Property Declarant is the owner of that certain real
property located in Petaluma, California, which is more particularly described on
Exhibit "A" attached hereto and incorporated herein.
B. Purpose of. the .Agreement. The purpose of this ,Agreement is to establish the
basic rights, agreenents,;and responsibilities of the parties hereto, their successors
and assigns and all parties having or acquiring any right,, title or'interest in or to the
real property described above (hereinafter referred to as "Owner" or "Owners "),
with regard to the maintenance of the ( "Maintenance Areas ")' as said Maintenance
Areas are shown on Exhibit "B" hereto.
NOW, THEREFORE, Declarant hereby declares that the real property described
above shall be held, conveyed, mortgaged, encumbered, leased, rented, used,
occupied, sold and'improved, subject to the following agreements, declarations,
limitations, covenants, conditions, restrictions, easements, and assessments, all of
which are for the purposeof enhancing and protecting the, value and attractiveness
of the real property described above, and every. part thereof, in accordance with
the plan for improvement of said property. All of the agreements,, declarations,
limitations, covenants, conditions, restrictions,, easements and assessments, shall
constitute covenants which shall run with the land and shall be binding upon
Declarant and its successors and assigns, and all parties having or acquiring any
right, title or interest in or to the real property described above.
NOW, THEREFORE, the undersigned agree as follows:
1. Covenant. This Agreement is entered into by all of the parties; ign4 y, hereto
'in connection with their rights with regard to said Maintenance Areas and shalt be
deemed to be a covenant running with the land binding each party hereto, their
heirs devisees, successors, assigns and grantees, who shall be owners of any of
the property above described to comply with each term thereof. This Agreement
provides a general plan -for the maintenance, care, upkeep and replacement of that
certain Maintenance Areas described above, and shall be for the benefit of each
parcel of property above described and
LM256MaintAgreement.doc
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shall be an obligation of each owner thereof,, and is entered into to provide for
reasonable maintenance and 'repair of the Maintenance Areas which provides
access to all' `of the parties' signatory hereto and their respective parcels of real.
property.
2. Maintenance and. Repairs. Maintenance and repairs .required to be undertaken
and performed under this Agreement shall be those needed to maintain and
repair said Maintenance Areas in a.;functional and safe condition comparable to
that which exists gat 'the time this Agreement Js recorded in the Office of the
Sonoma County Recorder. Maintenance and repairs necessary to remedy
deterioration resulting from. ordinary wear and tear, which does not affect the
functional and safe condition of the Maintenance Areas, may be undertaken by
majority" vote of the Owners. Improvement of. the Maintenance Areas to a
condition over and above the condition at the time this Agreement is recorded in
the -Office of the Sonoma,, County Recorder shall require the unanimous vote of
the Owners. It is specifically understood that all owners of the real property
described hereinabove shall be, as of the commencement of this Agreement,
responsible for'the maintenance and repair of the Maintenance Areas.
In the event that any 'Owner desires that maintenance and repairs be performed
on the above= referenced'Maintenance Areas and cannot obtain the concurrence
of a majority of Owners within six months after .written request for such
concurrence, said Owner shall have the right to apply for such relief as may be
available under the provisions of California Civil Code Section 845 (or
amendments thereof)- as if this Section entitled "Maintenance and Repairs" were
not in 'effect, except that the allocation of payment for such maintenance and
repairs shall' be as provided in the Section entitled "Maintenance Costs
3. Additional Repairs. Each party agrees not to undertake any additional repairs
or maintenance - not specified in this Agreement without first obtaining the express
written consent ofall otherparties.
4., Easement for..Maintenance. For the sole purpose of effecting compliance with
this Agreement, and subject to the limitations contained within this Agreement,
the Owners or their authorized agents and employees shall have an easement in
and across that portion of the Maintenance Areas on each Lot or parcel subject to
this Agreement.
5. Entry for Repairs. The Owners,. collectively, and for the sole purpose of
complying with this Agreement, may authorize their agents; and employees to'
enter upon any Lot or parcel when necessary in connection with any maintenance
or repairsfor which the Owners are responsible, to effect emergency repairs or to
affect ,necessary repairs which may be required by this Agreement. -Such entry
Shall be made with as little inconvenience to the Owner as practicable and any
darnage caused thereby shall be repaired by the Owners at their expense. Except
in case. of an emergency, 24 -hour advance notice shall be given to the Owner or
occupant of any Lot or parcel.
6. Maintenance Costs- owner or owners of each Lot or parcel subject to this'
Agreement agrees to bear and pay equal costs of maintenance and repair of said
Maintenance Areas.
Lots25WaintAgreement.8oc 2
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T. Custodian of Funds. For the purposes of 'ecting and maintaining money for
the maintenance and repairof said Maintenance Areas, the Owners, by majority
vote: of parcels; shall designate a custodian thereof.
b. Voting Rights. For any matters, which require a vote pursuant to this
I Agreement, the following voting rights shall apply:
The owner or owners of each parcel of real property subject to this Agreement
shall be- .entitled to one (1) vote, and any one (1) or more of the joint tenant or
tenant -in- common owners of said property may cast. the vote provided that, in the
event of a dispute among owners of one parcel, the majority shall be entitled to
vote and, if no clear majority can be obtained, the. parties shall lose their right to
vote. For the purposes of this Agreement, the party who has fee title to said
parcel or parcels shall be entitled to vote, provided that. if said party sells under
contract of. sale then they, by the said contract, may convey to the purchaser
thereon the right to vote in this said Agreement.
9. Owners': Liability: The Owners do not agree to share any liability arising from
personal injury 'or property damage other than that attributable to the .repairs or
maintenance undertaken pursuant to this Agreement.
10. Insurance Each Owner shall be responsible for maintaining his or her own
insurance, if any.
11. Personal' Iniury and Property Damage Liability : Each Owner agrees to bear
liability in the same percentage as they share 'the` costs of repair, as specified
above, for any personal injury or property damage to (a) any worker employed to
make repairs or do maintenance under this Agreement, or (b) any third person,
which results from or arises out of maintenance or repairs under this.Agreement.
12. Annual. Meeting Assessments. The Owners agree that they shall meet in a
majority at least once annually to decide on the maintenance and repairs to be
made to the said Maintenance Areas, and 'to make and assess each property
Owner under the method above provided for the maintenance and repair of said
Maintenance Areas.
p yp patty g party 13. Disp If an a to this Agreement asserts that another art is not in
compliance - with this Agreement and the parties cannot resolve the dispute
among themselves, the matter shall be submitted to binding arbitration in
accordance with the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitrator(s) may be entered in any court:: having
jurisdiction thereof. In the event of any dispute between the. parties which
proceedsto arbitration or litigation, the prevailing party shall be entitled to recover
reasonable expenses, attorneys' fees and costs.
14. Term. This Agreement shall be effective for the period commencing with the
date of recordation hereof by the last party signatory hereto, and shall continue in
full force and effect for a period of 3o years and, unless revoked or modified by
the majority vote of the 'parties, as prescribed below, shall automatically be
renewed for a 10 year period from each termination date.
LotMWaintftreement.doc 3,
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15. Headings. The headings used in this Agreerhent are for convenience only and
are not to be used to interpret the meaning of any of the provisions of this
Agreement.
16. Enforcement of this Agreement by- the 'City of Petaluma. Each Owner
acknowledges; and agrees that the City,'of Petaluma, in the event of a failure of
the Owners to abide by the terms of this Agreement, has the right to demand that
the Owners abide by the Agreement and to enforce this Agreement pursuant to
the: provisions of Section 13 of this Agreement. Each Owner also acknowledges
and agrees that the, City of Petaluma shall have-the right, upon reasonable notice,
to enter onto and .inspect the Maintenance Areas for the sole and limited purpose
of enforcing this Agreement.
17. This Agreement shall be binding upon the heirs, devisees and assig of
the parties hereto.
WITNESSETH our hand on 20XX.
xxxxxxxxxxxxxxxxxxxxxxxxxxxx
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EXHIBIT '%`
All that: certain real property�situated'in the State of California, County of Sonoma and City
of Petaluma, more particularly described as follows:
Lots 2, 5 and &as shown on the Sunnyslope II Subdivision Map filed in the Office of the
County' Reoordor of Sonoma County on ;: 20xx in Book of
Maps_At Pages _ , Sonoma County Records.
A. P. N. 019 -203 -008
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EXHIBIT
MAINTENANCE AGRE',EENT AREA
FOR LOTS 2, 25., & 6
FOR GRAPHIC ILLUSTRATION; AND INFORMATIVE PURPOSES ONLY
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STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA:94952
146 SECOND STREET, SUITE 312
707 -T62 -3122 FAX 707 = 7623239
1
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8 I
ire
State of California )
) ss.
County of Sonoma }
O n _.. _ ...... ............._..._...... before me,
.,. a Notary Public, personally appeared xxxx
'xxxxxxx, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within 'instrument
and acknowledged to me that they executed the same in their authorized capacities,
and that .. by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument..
WITNESS my hand and official seal
Signature
Lots256MainAgreement.doci
71
WHEN RECORDED RETURN TO:
Bart Van. Voorhis
P.O. Box 2828
Santa Rosa, CA 95405
DECLARATION OF A MAINTENANCE AGREEMENT
FOR
LOTS 4, 11,18 and 19
PRIVATE DRIVEWAY AND PRIVATE STORM DRAIN
This Declaration of Maintenance, Agreement (hereinafter referredto as "Agreement ") is
made on the 'date set forth below by XXXXXXXX (hereinafter referred to as
"Declarant ").
A. Description of Real Property Declarant 1s the owner of that certain real
property located din Petaluma„ California, which is more particularly described on
Exhibit "A attached hereto and incorporated herein.
B. Purpose of the Agreement. The purpose of this Agreement is to establish the
basic rights, agreements and responsibilities of`the parties hereto, their successors
and assigns and, alI parties having or acquiring any right, title or interest in or to the
real property described, above (hereinafter referred to as "Owner" or "Owners "),
with regard to the maintenance of the ( "Maintenance Areas ") as said Maintenance
Areas are -shown on "B" hereto. I
NOW, THEREFORE, Declarant hereby declares that the:. real. property described
above shall be held, conveyed, ,mortgaged, encumbered, leased, rented, used,
occupied, sold and improved, subject to the following agreements, declarations,
limitations, covenants, .conditions, restrictions, easements, and assessments, all of
which are for the purpose of enhancing and the value and attractiveness
of the real property described -'above,, and every part thereof, in accordance with
the plan for improvement; of said property. All of the agreements, declarations,
limitations, covenants, conditions, restrictions, easements and assessments, shall
constitute covenants which shall run with the land and. shall be binding upon
Declarant and its successors and assigns, and all parties having or acquiring any
right, title or interest'in or°tothe real property described above.
.NOW, THEREFORE, the.undersigned agree as follows:
1,. Covenant. This. Agreement, is, entered into by all of the parties signatory hereto
in connection with their rights with regard to said Maintenance Areas and. shall be
deemed to be a- covenant running with the land binding each party hereto, their
heirs devisees, successors, assigns and grantees, who.shall be owners of any of
the ,property above described to comply with each 'term thereof. This Agreement
provides a general plan -for the maintenance, care, upkeep and replacement of that
certain 'Maintenance Areas described above, and shall be for' the benefit of each
parcel of property above described and
L.o W 71 S 19Main ftmement.doc J
go
shall be an obligation of each. owner thereof,. and is entered into to provide for
reasonable maintenance and repair of the 'Maintenance Areas which provides
access to all of the parties' signatory .hereto and their respective parcels of real
property.
2. Maintenaned,and Repairs. Maintenance and. repairs required. to be undertaken
and performed under this Agreement shall be those needed to maintain and
repair said . Maintenance Areas in a functional and safe condition comparable to
that which exists at the time this Agreement is recorded in the Office of the
Sonoma County Recorder. Maintenance and repairs necessary to remedy
deterioration resulting from ordinary wear and tear, which does not affect the
functional and safe condition of the Maintenance Areas, may be undertaken by
majority vote of the Owners. Improvement of the; Maintenance Areas to a
condition over and above the condition at the, time this Agreement is recorded in
the Office of the Sonoma County Recorder shall require the unanimous vote of
the Owners. It is specifically understood that all owners of the real property
described hereinabove, shall be, as of the commencement of this Agreement,
responsible for the maintenance and repair of the Maintenance Areas.
In the event that any Owner desires that maintenance and. repairs be performed
on the above - referenced Maintenance Areas and cannot .obtain the concurrence
of a majority of Owners within six months after written request for such
concurrence, said Owner shall have the right to apply for such relief as may be
available under the provisions of California Civil Code Section 845 (or
amendments thereof) as if this Section entitled "Maintenance and Repairs" were
not in effect, except that the allocation of payment for such maintenance and
repairs shall be as provided in the Section entitled "Maintenance Costs ".
3. Additional Repairs. Each party agrees not to undertake any additional repairs
or maintenance not specified. in this Agreement without first obtaining the express
written consent of all other parties.
4. Easement for Maintenance. For the sole purpose of effecting compliance with
this Agreement, .and subject to the limitations contained within this Agreement,
the Owners or their author,'ized agents and employees shall have an easement in
and across that portion of the Maintenance Areas on each Lot or parcel subject to
this Agreement.
5. Entry for Repairs. The Owners, collectively, and for the sole purpose of
complying with' this Agreement, may authorize their agents and employees. to
enter upon 'any Lot or parcel when necessary in connection with any maintenance
or repairs for which the Owners are responsible, to effect emergency.repairs or to
affect necessary repairs which may be required by this Agreement. Such entry
shall be made with as. little .inconvenience to: the Owner as practicable and any
damage caused thereby shall be repaired by the Owners at their expense. Except
in case of an emergency, 24 -hour advance notice shall be given to the Owner or
occupant of any Lot or parcel.
6. Maintenance Costs: .,The owner or owners of each Lot or parcel subject to this
Agreement agrees to bear and pay equal costs of maintenance and repair of said
Maintenance Areas.
Lots4171819Main ftreement.doc
81
7. Custodian of Funds_ Forthe purposes of, collecting and maintaining money for
the maintenance and repair of`°said 1V16intenance Areas, the Owners, by majority
vote of parcels, shall designate a custodian thereof.
8. Voting 'Rights. For, any matters, which require a vote pursuant to this
Agreement, the following voting dghts.shall apply:
The .owner 6r owners of .each parcel of real property subject to this Agreement
shall be entitled to one (1) vote, and any one (1) or more of the joint tenant or
tenant -in- common owners of said property may cast the vote provided that„ in the
event of a dispute among owners of one parcel, the majority shall be entitled to
vote and, if no clear majority can be, obtained, the parties. steal I lose their right to
vote. For the purposes of this Agreement, the party who has fee title to said
parcel or parcels shall be t entitled to vote provided tha if said party sells under
contract of sale then they, by the said contract, may convey to the purchaser
thereon the right to vote in this said Agreement.
9. Owners' .Liability. Owners do not agree to share any liability arising from
personal injury property. damage other than that attributable to the repairs or
maintenance undertaken pursuant to this Agreement.
10. Insurance Each Owner shall be responsible for maintaining his or her own
insurance, if any.
11. Personal Injury and Property Damage Liability Each Owner agrees to bear
liability in the same percentage as they, share the costs of repair, as specified
above, for any, personal injury or property damage to (a) any worker employed to
make repairs or do maintenance under this Agreement., or (b) any third person,
which results from or arises out of maintenance or repairs under this Agreement.
12. Annual Meeting, .Assessments. The Owners agree that they shall meet in a
majority at, least once annually to decide on the maintenance and repairs to be
made to the -said Maintenance Areas, and.to make and, assess each property
Owner under the method above provided for the maintenance and repair of said
Maintenance Areas.
13. Disputes. If any parry to this Agreement asserts that another party is not in
compliance with this Agreement and the parties, cannot resolve the dispute
among themselves, the matter shall be submitted to binding arbitration in
accordance with the rules of the American Arbitration Association. Judgment
u on the :award rendered b the p y may be entered in any court having
jurisdiction thereof. In lth of any dispute between the -parties, which
proceeds to arbitration. or litigation, the. prevailing party shall be entitled to recover
reasonable expenses, attorneys' fees and costs.
14 Term. This . Agreement shall be effective for the period commencing with the
date of recordation hereof by the last party signatory hereto, and shall continue in
full force and effect for a period of 30 years and, unless revoked or modified by
the majority vote of the parties, as prescribed below, shall automatically be
renewed for a 10 year period from each termination date.
Lncs4171819MaintAgreement.doc '
15. Headings. The headings: used',in this Agreement.are for Convenience only "and
are not to be used to interpret the "meaning of any of the provisions of this
Agreement.
16. Enforcement of this Agreement -'bV the City of Petaluma. " Each Owner
acknowledges and agrees -that the City-of Petaluma, in the event of a failure of
'the Owners to abide. by the terms of this "Agreement, has the right to demand that
the Owners abide by the Agreement and to enforce this Agreement pursuant to
the provisions of 'Section. 13 of this Agreement: Each Owner also acknowledges
and agrees that the City of Petaluma shall have the:right, upon reasonable notice,
to enter onto and inspectthe Maintenance Areas for the sole and limited purpose
of enforcing this Agreement.
17. This Agreement shall be binding upon the heirs, devisees and assignees of
the parties. hereto.
WITNESSETH our hand on ; 20XX.
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
1-,ots4l7I8l9MaintAgreement.di3c
81
EXHIBIT'' "A"
All that certain real property situated in the State of California, County of Sonoma and City
of Petaluma, more particularly described as, follows:
Lots 4, 17 18 and 19 as shown on the Sunnyslope II Subdivision Map filed in the Office of
the County Recorder of Sonoma County on 20xx in Book
of Maps at Pages Sonoma County Records.
A.P.N. 019- 203 =008 (portion)
L.ots4171819MaintAgreement.doc `
•1
EXHIBIT "B"
MAINTENA - : �
. NCE AGREEMENT AREA -
FOR LOTS '4,' 17 18 & 1'9
FOR GRAPHIC ILLUSTRATION AND: INFORMATIVE PURPOSES ONLY
17 18 3
�W
16 2
6 1 5
14
MAINT04ANCE
AGREEMENT AREA
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA 94952
140 SECOND STREET, SUITE 312
707-762-3122 FAX i07462-32'39
85
State of California )
) ss
County of Sonoma )
On before me,
a Notary Public, personally appeared xxxx
xxxxxxx, personally known to me (or proved to me 'on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same. in their authorized capacities,
And that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
0
L:ots4171819Main ftreement.doc }
Ma
CITY OF PETALUMA, CALIFORNIA
ATTACHMENT
AGENDA BILL
Ap- enda Title: Public Hearing and Action to Consider ; Resolution for aMitigated
Meetin :.Date: February 22, 2010
Negative Declaration; Resolution for a proposed Planned Unit Development
mendineint'to the Sunnyslope PUD including Planned Unit Development Plan andMeetiug
Time: 7:00 PM
roposed Development Standards for 19 ,residential units; Resolution for a propose
Vesting Tentative Map for a 19 -lot subdivision to allow for the construction of
single-, homes for the Sunnyslope II Project Located at 674 Sunnyslope Road,
N 0.19-203 -008, File# 03 -TSM -0460
Cate o : ❑ Presentation ❑ Appointments ❑ Consent ❑ Public Hearing ❑ Unfinished Business ❑ New Business
D epartment:
Director:
Contact Person:
Phone Number:
.1anr ng
Geoff Bradley, Planning
Kevin Gardiner, Contract
707 -778 -4472
Manager
Planner
Total.Cost'of Proposal or Proiec
Name of Fund:
A mount Bud eted:
Account Number:
Current Fund Balance:
Recommendation: It is recommended that the City Council take the following action:
I ) .Adopt a Resolution to Adopt the Mitigated Negative Declaration;
2.) Adopt a Resolution Denying a Planned Unit'Development,Amendment to the Sunnyslope PUD including the Planned Unit
Development Plan and proposed Development Standards for 19 residential units; and,
3.) Adopt a Resolution Denying a Vesting Tentative Map for a 19 -lot subdivision to allow for the construction of single-family
homes for the Sunnyslope H Project.
1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ❑ First reading of Ordinance approved. Without unanimous vote: Ordinance has been'published/posted prior to second
reading; see Attachment
3. ❑ Other action requiring special notice: Notice has been given, see Attachment
Summa - ,v Summary Statement: The Planning Commission reviewed the proposed project at its regular meetings of December 8, 200
and.Deeember'22, 2009. After deliberating and takingpublic testimony the Commission forwarded a recommendation to the.
City Council to deny the request to Adopt a Mitigated Negative Declaration, deny the request to Approve a Planned Unit
Development Amendment to the Sunnyslope PUD, and deny the request to Adopt a Vesting Tentative Map for a 19 -lot.
subdivision to allow for the,construction of single - family homes for the Sunnyslope 1I Project Located at 674 Sunnyslope Road,
PN 019 -203 -008, File # 03- TSM - 0460.
A ttachments to Agenda Packet htemc
A. Draft Resolution to Adopt the Mitigated Negative Declaration
B. Draft_Resolution Denying a Planned' Unit,Development Amendment to the Sunnyslope PUD including the Planned Unit
Development Plan and proposed Development Standards for 19 residential units
C.. -Draft Resolution Denying the Vesting Tentative Map for a 1.9 -lot subdivision to allow for the construction of single -famil
homes for the Sunnyslope H Project
D. Alternate: Draft Resolution Approving °a.Planned Unit Development Amendment to the Sunnyslope PUD including the
Planned Unit Development Plan and proposed Development Standards: for 19 residential units
E. Alternate: Draft Resolution Approving the Vesting Tentative Map for a 19 -lot subdivision to allow for the construction of
single- 'family homes for the Sunnyslope II.Prcject
F. Memorandum from Interim Fire Marshal, regarding site, fire access
G: Memorandum submitted by applicant regarding site fire access
H. Planning Commission Staff Reports and dated December 8, 2009 and December 22, 2009 and associated attachments and
plans. NOTE: Attachments are large in volume and will be provided. to the City Clerk's office and uploaded to the
City website.
File: S:\Planning \City
Reviewed by Finance
Reviewed by City Attorney:
roved by City
Date Last
Council\Reports
Director:
ana er.
Revised
Date:;
Date:
Date
81
CITY OF PETAL MA, CA
FEBRUARY 22, 2010
AGENDA DE PORT
FOR
RESOLUTION TO NOT ADOPT THE MITIGATED NEGATIVE DECLARATION;. DENY A PLANNED UNIT
DEVELOPMENT AMENDMENT TO THE SUNNYSLOPE PUD INCLUDING THE PLANNED UNIT DEVELOPMENT
PLAN AND PROPOSED DEVELOPMENT STANDARDS FOR19 RESIDENTIAL UNITS; AND DENY THE VESTING
TENTATIVE MAP FOR A 19 -LOT SUBDIVISION TO ALLOW FOR THE CONSTRUCTION OF SINGLE-FAMILY HOMES
FOR THE SUNNYSLOPE II PROJECT LOCATED AT 674 SUNNYSLOPE ROAD, APN 019- 203 -008.
1. RECOMMENDATION
It is, recommended that the Council Adopt a.Resolution to Not Adopt the Mitigated Negative Declaration;
Adopt a Resolution to Deny the Planned Unit Development Amendment to the Sunnyslope PUD; and
Adopt a Resolution to Deny a Vesting Tentative Map for a 19 -lot subdivision to allow for the construction
of single - family homes for the Sunnyslope II Project (see Attachments 1,2, and 3; Draft Resolutions).
2. BACKGROUND
Planning Commission Meeting
The 'Planning Commission considered the Mitigated Negative Declaration, PUD Amendment, and
Vesting Tentative Map for the project at noticed public hearings on.December 8th and December 22nd,
2009. The Planning Commission had concerns with several'issues with the project and indicated that it
would not be able to recommend, a roval of the Mitigated Negative Declaration, PUD Amendment, and
pp g g
Vesting Tentative. Map as submitted. The Planning Commission Chair consulted with the applicant to
determine if the applicant preferred to return with modifications to the project, or have the Planning
Commission recommend denial of the project and proceed to City Council consideration. The applicant
indicated he preferred to ,proceed to City Council consideration. The Planning Commission
recommended by a vote of 5 -1 to recommend to City Council not to Adopt the Mitigated Declaration; by
a vote of 5 -1 to recommend to City Council to reject the Resolutionfor the proposed Planned Unit District
(PUD) Amendment; and by a 5 -1 vote recommend to City Council, to deny the Resolution for the Vesting
Tentative Map. One commissioner was.absent, recusing herself due to property ownership within
proximity to :the proposed project.
Thee Planning' Commission listed the following issues as basis. for recommending denial of the-project:
1. The project does not povide more clustering of lots to reduce grading, particularly on..steeper
slopes;
2. The project , not maximize ;the protection of existing trees;
3. The project does not provide pubtic access to °the; Urban Separator Pathway;
4. The project does not provide f`re'protection�access to the hillside in the southern portion of the
project.
Staff has provided additional information to provide °a factual basis for project denial based on these
issues:
Lot Clustering to Reduce Grading FS t
The Final Environmental Impact Report (FEIR)'prepared` for the Proposed Sunnyslope Assessment
District and Annexation (March 1989) provides some mitigation measures applicable to the proposed
project:
Reduce loss of rural character using PUD clustendesign to preserve the upper hillside and woodland
areas.
Design new,subdivisions considering the rural character with minimum road widths, common
landscaping with native species and avoiding urban street standards (e.g. sidewalks).
In addition, the project site is subject to the City's Hillside Ordinance (Chapter 16 of the Implementing
Zoning Ordinance), as well as General Plan policies for hillside development. General Plan Policy 10 -P -1
B states:
On sites with slopes greater than 30 percent, require all development to be clustered outside of the
30 percent slope areas (and preferably on land less than 15 percent in slope) where possible.
While the proposed residences would be kept to those slopes that are less than 30 percent slope, consistent
with basic aspects of General Plan Policy, the policy includes a preference for development to be kept on
land less than 15 percent. Planning Commissioners stated that they thought additional clustering of lots
would allow reduced grading of hillsides with grades greater than 15 percent.
The applicant has indicated that after analyzing site planning options, they determined it would not be
possible to accommodate 19' units on the portion of the site with,grades less than 15 percent. In addition,
the applicant has indicated that a substantial redesign of the project would be costly, and that it would
impact the viability of the affordable units if a substantial redesign were required.
Tree Protection
The proposed project is subject to the Tree Preservation Ordinance (Chapter 17 of the Implementing
Zoning Ordinance). While the proposed project retains numerous protected trees, 12 protected trees are
proposed for removal. Planning Commissioners stated that they thought the site plan should be revised to
preserve more of the 12 protected trees. A prominent tree designated for removal to accommodate the
project roadway ( #61 on the Vesting Tentative Map) was of particular interest to Commissioners as well
as neighbors.
Urban Separator Pathway.Access
While °the project makes provisions for the: Urban Separator Pathway, consistent with General Plan
.policies. General Plan Policy 5 -P -30 requires all new development abutting any public trail to provide
access to, the trail. While there are issues with the implementing the Urban Separator Pathway because
neither adjacent sites, currently have provisions to continue the pathway, Planning Commissioners stated,
that over many years conditions could change so the option to provide access to the'pathway should not
be precluded. Wallenberg Way in the Premo Subdivision to the west includes a provision to connect the
end of the cul -de -sac to the Urban Separator Pathway, so at a'minimum a similar easement eould be
required for the proposed project so that a connection could be made should the, Urban Separator Pathway
be implemented in the future. Currently, the project as proposed does not include any connection from the
site to the Urban Separator Pathway. Staff has discussed this scenario with the applicant and the applicant
is amendable to such an arrangement.
Fire Protection Access
Subsequent to the December 8, 2010 hearing, staff consulted with the Interim Fire Marshall to consider
the provision of fire access to the hillside in the southern portion of the project, specifically a fire lane
extending from the end of the proposed cul -de -sac. Interim Fire Marshall Cary Fergus indicated that such
a fire lane was not needed or.desired. Staff notes that the project has been thoroughly reviewed by the
89
Interim Fire Marshall, and all necessary Conditions of Approval.have been attached to the Vesting
Tentative Map. However, the Planning; Commission, based on public testimony had - concerns regarding
emergency access to the hillside in the event of a fire.
Staff has confirmed with the Interim Fire Marshall and Fire Chief that the project has been conditioned
appropriately in, terms of fire access and additional fire access through the site up the hillside is not
necessary or'desirable. The Interim Fire Marshall has: ;provided additional clarification in a memorandum
dated January 21, 2010 (Attachment F). In addition, the applicant has submitted further documentation
regarding °the fire access that is consistent with the Interim Fire Marshall's positions (Attachment G).
;tin] Studv_ Mitigated Negafi:ve Declaration_. and Mitigation Monitorina and
In its December 22, 2009 meeting the Planning Commission recommended that the Initial Study,
Mitigated Negative Declaration, and Mitigation Monitoring and. Reporting Program not be certified due
to not providing the clustering of the lots to reduce grading, maximize the protection of existing trees, to
provide public access to the urban separator pathway into the conservation area, and fire protection
access. Staff believes'these issues :are site planning jssues related to the Planned Unit Development
(PUD) Amendment and Vesting Tentative-Map, but do not believe they are outside the scope of the Initial
Study, Mitigated Negative Declaration, and Mitigation Monitoring and 'Reporting. Program. Staff
recommends that the Initial Study and Mitigated Negative Declaration be certified and the Mitigation
Monitoring and Reporting Program adopted as having addressed the potential environmental impacts of
the proposed project.
Alternatives to Denial
As an alternative to denial of the project, the City Council could approve the project with conditions. If
the City Council were to consider . approving the project, it may refer to draft resolutions for approval
included with this report (Attachments D -E).
3. DiscussION
For further discussion and information, including a complete project description and staff analysis, please
refer to the Planning Commission.staff reports included as: an attachment'to this report.
4. FINANCIAL IMPACTS
The applicant has paid $95,071 in Development Review application fees to date. The project is subject to
cost based fee recovery.
M
ATTACHMENT 9
From: Haushalter_ Brooks. (mailto:haushalter @comcast.net]
Sent: Saturday, December 04, 2010 3:42 PM'
Tor CDD
Cc:. Hines; Heather; Teresa lBarrett; Will ,Soper; jenbenthehen @yahoo.corn
Subject: Sunnyslope 2. comments
To Members of the Petaluma City Council,
M
1 % O
e ye
0
6 2
07
We are long time residents of the Sunnsylope Assessment District and. have watched numerous development
projects from Annexation forward.; We communicated our, concerns re: the proposed' Sunnyslope 2 subdivision
to Mr Moore and members of the Petaluma City Council in March 2009. For your reference, we are enclosing
our email below as we continue to have: many of the same concerns.
On Mar 9, 2009, at 12 :45 PM, Haushalter. Brooks wrote:
Dear Mr. Moore,
We have several concerns re: the proposed Sunnyslope II
Subdivision:
A. DENSITY
Regarding ,ihe density calculation number used, iri this application
for very low income bonus: it is not 17 but 13. The
Sunnyslope Assessment,District Annexation PUD set density for
this property and .was accepted by a vote of the: City Council as a
MAXIMUM of 1.3. When this Assessment District was formed a
lot of hard work and.negotiations went into the EIR acid related
planning, so:
1.) Future developments would not have the expense of EIRs
91
2. There would be fairness and equity for the cost of upgrading the
infrastructure, and future development potential in this area prior to
being accepted into the City of Petaluma.
3.) The, character and qualities of the area of Petaluma would
prevail.
The whole area of the Sunnyslope Assessment District was pre
zoned foi future development to reflect this up front effort. PUDs
within a larger PUD can be MORE restrictive not less.
The density calculation is 13 and has historically been upheld.
A fax to us ( see attached) said language in the new General Plan
would respect the densities of existing PUDs, such as the.
Sunnyslope Assessment District PUD.
Other issues which we are concerned with relate to issues resolved
in'the Sunnyslope Assessment District EIR. These issues relate to
hours of construction, types of fencing, setbacks, - heritage tree
preservation and cut /fill /drainage issues.
B. HOURS OF CONSTRUCTION
As a mitigating measure for the in fill development, the EIR
limited hours of construction in the Sunnyslope PUD to M -F from
8AM to 5PM. Unfortunately, we have had considerable difficulty
with compliance. What has proven to be the most effective is to
have the,contractor post the hours of construction at the job site for
all subs and law enforcement officials to see. This 'solution was
suggested and 'implemented by Irene Borba for the Preemo sub
division and proved quite successful. We suggest the same solution
for Sunnyslope II.
C. FENCING
To maintain the rural .character.of the neighborhood; OPEN
fencing was stipulated outside of the* building envelope.
D:SET BACKS
As: above: set backs can bel MORE restrictive than the Sunnyslope
PUD but'not less; zero lot line is LESS restrictive.
E. HERITAGE TREE PRESERVATION
We would like EVERY effort to be made to preserve the
designated heritage oaks on this property. Substituting "inch for
inch" hardly respects the character of the existing oak woodland or
the intent of the heritage tree ordinance.
F. CUT AND FILL
There is an enormous amount of cut acid fill (noise and truck traffic
besides other environmental impacts) suggested for this project.
We suggest creative solutions i.e.) swales and creative .custom
9Z
building on existing slopes to minimize the cut/fill and to retain
water on the site.
Best regards,
Barbara Haushalter
Steven Brooks
251 Sunnyslope Rd
Petaluma, CA
<General Plan FAX.pdfl
We continue to find the density proposed by the applicant in "Option B" to be unacceptable. The property in
question was pre zoned for MAXIMUM density of 13 .homes when we were annexed to the City of
Petaluma. Since the applicant no longer has on'-site affordable housing, there is no "density bonus" and 13 (not
18) is the maximum number of units allowed.
The Sunnyslope Assessment/Annexation EIR was based on a density of 13 for the parcel. All of us in the
Assessment' District were assessed based on the MAXIMUM DEVELOPMENT POTENTIAL i.e.) perceived
benefit and have paid fees accordingly (more than $7000 /unit). So, any alteration in the density above the
MAXIMUM would signify the necessity for anew EIR AND a refund (with interest and court costs) to all of
the homeowners in the Annexation District that were effectively charged to finance - this development.
We would like to continue to remind you of the mitigating measures proposed by the EIR for the Sunnyslope
Area to help maintain the beautiful rural character of our neighborhood and to minimize the impact of in fill
development: namely adherence to hours of construction, open fencing and preservation of habitat including
native oaks..
Thank you for your consideration. We urge your denial of the project as proposed.
Sincerely,
Barbara Haushalter
Steven, Brooks
251 Sunnyslope Road
93