HomeMy WebLinkAboutResolution 97-117 N.C.S. 05/05/1997 Resolution No. s~-~~~ N.C.S.
of the City of Petaluma, California
1 APPROVAL OF AN INTERIM POLICY GOVERNING FUTURE OPEN SPACE LAND
2 DEDICATION AND PLEDGES ASSOCIATED WITH PLANNED DEVELOPMENTS
3 PETALUMA CITY COUNCIL
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6 WHEREAS, from time to time, land is dedicated to the City of Petaluma for specific purposes.
8 WHEREAS, home buyers and citizens of Petaluma who are associated with a development where
9 open space exists expect the terms of the development to be fulfilled.
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11 WHEREAS, the City of Petaluma has no policy concerning how two uniformly protect and fulfill
12 the pledges associated with dedicated land or other lands donated or acquired by the City.
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la WHEREAS, the implied and stated pledges and policies need to be defined in accordance with the
15 intentions of the dedication of land.
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17 NOW THEREFORE, LET IT BE RESOLVED, that the City Council establishes the following
IS policy to guide its handling of land, pledges and easements as described above:
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20 1. Intent. Thee intent of this policy is to guarantee the pledges and guarantees associated with
21 dedication of land as part of a development. The City Council expects that the staff shall
22 address the pledged use of the land and provide for guaranties of that pledge. Use of
23 protective easements, deed restrictions and other options may be proposed to the City
2a Council, at the discretion of the City.
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26 2. Decision making. The City shall determine the best options to protect and fulfilLthe pledges.
27 The City shall develop a list of approved mechanisms to ensure that the interests of the City
zs and the purchasers of the developed sites "shall have their rights protected for an identified
29 duration of times, that being in perpetuity or some lesser period of time. The developer shall
3o come to agreement with one of the listed trust organizations or other mechanisms acceptable
31 to the City, and an acceptable agreement shall be presented to the City Council as part of the
32 dedication package. Land dedicated to the City shall simultaneously be recorded as dedicated
33 and encumbered with a protective easement or deed restriction or other mechanism which the
3a City shall decide fulfills the intent of this policy.
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36 3. Choice of conservation alternatives. Conservation alternatives will be presented to the City
37 Council as part of the package proposed by the developer.
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Resolution No. 9Z-11~ N.C.S.
1 4. Agreements. If the City decides to include additional encumbrances, upon dedication, it is
2 expected that the developer and the Sonoma Land Trust, the Sonoma County Agricultural
3 Preservation and Open Space District, or other appropriate organization which is established
4 to safeguard the intent of land use pledges, shall come to agreement and that agreement;
5 acceptable to the staff and this Council, shall be presented as a proposed agreement of
6 transfer. The City shall not bear the cost of endowment or other legal expenses associated
~ with guazantee of the pledges as they aze part of the developer's project plan.
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Under tha power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I heieby certify the foregoing Resolution was introduced end adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (KBjL~H3ftE8~i(S$@EY~ meeting ~ fO~
on the .....ath day of ..............~7,&y................:....................., 19.9.7.... by ~e /L,
following vote:
City Attorney
AYES: Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
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NOES: None
ABSENT: Rea pe ~ -
ATTEST:
City Clerk .
lb!'ayor
Ommd Flv........._._
cn io.es Res. No...,.9„7,-117......., Ncs. Page 2 of 2