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HomeMy WebLinkAboutOrdinance 1791 N.C.S. 02/20/1990n ~ %1 ,~t~ ~: Lt ~ s @ ~ . MAR 2 2 1990 ORDINANCE NO. 1791 N.C.S. Introduced by Lynn Woolsev Seconded by: AN ORDINANCE OF THE CITY OF PETALUMA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND QUAKER HILL/ROSS BLACKBURN FOR THE DEVELOPMENT KNOWN AS _ ~~~".^T~ER FARMS (APN's 136-120-05, 18, 21, 22 and 23) BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS: Section 1. The City Council hereby finds that the provisions of the Development Agreement between the City of Petaluma and Quaker Hill/Ross Blackburn a copy of which Agreement is attached hereto as Exhibit 1 and incorporated herein by reference, is consistent with the General Plan, Corona/Ely Specific Plan, and other applicable plans, policies, ordinances, and regulations of the City of Petaluma. Section 2. The City Council hereby approves the terms and conditions of said Development Agreement. Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and directed to sign and Development Agreement on behalf of the City of Petaluma. Ord 1791 NCS 1 of 2 Section 4. The City Clerk is hereby directed to post this Ordinance for the period and in the manner specified by law. Introduced and ordered posted this 5th day of February 1990. ADOPTED the 20th day of Februar 1990, by the following vote. AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 ABSENT : Tencer ord. cader.farms/resol3 Ord. 1791 NCS 2 of 2 'z~~ r DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALUMA AND ARTHUR CADER, SELMA CADER AND QUAKER HILL BLACKBURN FOR THE DEVELOPMENT KNOWN AS CADER FARMS . APN 136-120-05, ~18, 21, 22, 23 This .Development Agreement is entered into this r~ `'~ day of ~Z~ 1990, by and between ARTHUR CADER, SELMA CADER AND QUAKER HILL BLACKBURN, a California general partnership, (the "Developer") and THE CITY OF PETALUMA, a municipal corporation ('the "City") pursuant to ~ the authority of Sections 65864 through ,65869.5 of the Government .Code.. RF(''T'PA'T.C A. In order to strengthen the public planning process, encourage (, private participation in comprehensive planning, and reduce the economic costs of development, the Legislature . of the State of California enacted Section 65864 et sew. of, the Government Code ("Development Agreement Legislation") which aufhorizes the City of .Petaluma and an 'applicant for a development project to enter into a development agreement to establish development rights in .the applicant's property. ~ PTirsuant to the Develop- ment A'greement' Legislation, the .City Council of the City (!'City Council") adopted Ordinance No. 1072. N.C.S., Article 19.3 ("Development. Agreement Ordinance") establishing procedures and requirements for consideration of development agreements. B. Developer owns in fee 65.72+ acres of real property described in Exhibit. 1 attached to this agreement (the "Property"). C. On May 1, 1989 the City adopted by Resolution No. 89-124 ~C/~ N.C.S. the Corona/Ely. Specific Plan ("Specific Plan") which sets out in ~~ -1- ORS. 17 91 N C S -, detail the type and density, of development within the area controlled by public improvements, circulation, and other requirements for development. D . On May 1, 1989 the City ~ adopted. Resolution No . , 89-125 N . C . S. (the "Financing Plan") which recommends the means by which certain public improvements within the Specific Plan could be constructed and paid for. E. On May 1, 1989 the City Council, by Resolution 89-122 N . C . S : , certified as adequate and .complete under the California Environmental Quality Act and adopted the Final Environmental Impact Report ("the EIR") for the Corona/Ely Specific Plan and designated the same a master EIR during the effective life of which a project may be approved without further. or add>aional environmental assessment provided the project is consistent with the applicable provisions of the Specific Plan . F. Developer wishes to` develop alarge-scale,. phased development (!'Project") generally described as follows: a p annned .residential district totaling 250 single family dwellings. G. The following development approvals and policies have been adopted by the City and applied to the Project: 1. The. General Plan and Specific Plan provide for numerous . land use, public improvement and other development policies related to the- Property and the .Project. The Project shall be consistent with the General Plan a'nd Specific Plan. 2. The City agrees to grant residential allotments to t'he Project on an annual basis according to the schedule contained in paragraph 3.:2.5 below. 3. ~ .The Environmental Impact Report (EIR) for the Corona/Ely Specific Plan has been determined to have .an effective life of seven (7) -2- ®~D. 17 91 N C S years, beyond which additional. environmental review may be required by the City. 4. The approvals and development policies described above shalfi be referred to in this agreement as the !'Existing Approvals." H. City and Developer have taken all actions mandated by and fulfilled all requirements sea forth in the' Development Agreement Ordinance. I. Development of the Property in accordance with the terms and conditions of this Development. Agreement will assure. orderly growth and development of the area according to the policies and goals set forth in the General Plan and Specific Elan. J. For the reasons recited herein, the City and. the. .Developer have determined that the Project is a development.. for which this Development Agreement is apprgpriate. This Agreement will iii turn eliminate uncertainty in planning for and securing orderly development of the Property, secure installation of necessary improvements, provide for public services appropri- ate to each stage of development of the Project, and otherwise "achieve the goals and purposes for which the Development Agreement Statute (Government Code Section 65865 et sue.) was enacted. K . 'The City Council has reviewed and hereby approves the provisions of this Development Agreement. It .further finds that this Development Agreemeri,t_ conforms. to the City General Plan and Specific Plan and, its implementation i s in the best. interest of the City and.. the' health; safety, and welfare of its residents. ®R~.1791NCS _ 3'_ n.~, AGREEMENT NOW., THEREFO'RE', it is agreed by the City and Developer as follows: Article 1 PROPERTY AND TERM 1.1 Property Subject to this Development Agreement. , All of the Property described in Exhibit "l" shall be subject to this Development Agreement. The parties intend that the provisions of this Development Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof. shall bind and inure to all the successors in :interest to the ~ parties until such time as this Development Agreement. expires, is cancelled or is terminated per the provisions herein. 1.2 Term. The term of this Development Agreement shall commence upon the effective date of the ordinance approving; this Development Agreement and shall continue until M ~~[y- ~oZ, 1997 (7 years) unless extended or earlier terminated as provided herein . Article 2 DEVELOPMENT ~OF THE PROPERTY 2.1 Esta>jlished Development Standards,. ' The permitted use. of the Property, the density and intensity of use, the maximum. height and size of the proposed buildings, provisions, for reservation or dedication of land for. public purposes, provisions. for . on-site and .of'f-site. public improvements, and other terms and ~ conditions of development, applicable to the Property as set forth in: -4- - ®R~: 17 91 N C S (1) Th'e General '`Plan as of the'. date 'of this Agreement; (2) T'he Specific Plan: (3) All Conditions of Project::Approv"al as adopted by the City Couricil incorporated into this. ;Agreement by amendment. ~, 2.2 Rules,, Regulations .and Official Policies. - (a) This :Development Agreement and th`e rights of Developer to ~ . - .. complete construction of. the. Project pursuant to this Development ~` Agreement shall not be>,.affected by any subsequent ordinance, :resolution, - . policy, .p an,, or rule: t'he .effect of which wouldlimit the. number, size, or amount of residential development as permitted by Paragraph 3.2.7 or - other-. development or.~ improvements consistent with the Established - ~ - Development Standards which can be constr~ucte:d- during a particular period or :periods of~ time or to prohibit or delay the construction; or the issuance of such permits or approvals .as may be. necessary for the. construction,: of~ such buildings ;or other- improvements for a period or periods of time.. (b) The' foregoing limitation (2.2.(a)) shall. not apply to a moratorium adopted either by the .City Council or by initiative of the people which moratorium. is: adopted to preserve, the public health,;- safety -and welfare of the' residents of the City of Petaluma. However-, any' _ - mo"r;atorium adopted b.y the City Council for p;tzr.poses of Gene "rail `Plan. - revisonshall riot .,affect. Deve'loper's rights under this a°greement. (c;) If .State or Federal •law,s or regulations. enacted after the ~ effectiv.e date of this Agreement or action by army governmental jurisdiction - other than th_ eCity ,prevent or precPude compliance with one or more provisions .of this Agreement or require changes in plans:,, maps, or .... -permits approved by the City, this Agreement, shall be modified, extended,. -5 s - pR~:.1791NC or suspended as may be necessary ,to comply with. such State or FederaP laws or regulations or the .regulations .of ouch other governmental j~uris dictions , (d) Except as provided for' spedfc fees elsewhere in this Development Agreement, all applications for City approvals, permits, and entitlements shall be subje¢'t to development and processing fees and taxes within the control of the City which are in force and effect as of the date o f the .application . (e) Codes,, ordinances, and regulations relating to construction standards or permits shall. apply as of the time of grant of each applicable construction permit. ('f) The parties intend this Development Agreement to permit owner to proceed with the. orderly construction of the Project ~ without delay. ~ - 2.3 Permitted D'e'lays. In addition 'to provisions of this Agreement, either party's performance shall be excused during any period of delay caused at any time by,:. ,.(1) acts of~ God or civil commotion, `(2) .riots,. (3) strikes, (4) picketing, (5') or other" •labor disputes, (6) shortage of materials .or supplies;; ('7) damage, to work, in process- by reason of. fire:, floods., earthquake, or other casualties, ('8) the fail'ure:,, delay or inability of the other par;t.<y to: act, (9') the failure, delay or_ inability of the City afaer request by :Developer. to hold hearings necessary to take actions necessary for the purpose .o'f' acquiring property for tle~ construction of roadways or other offsite public facilitiesrequired by the' .Specific Plan., Financing Plan, or the plan sea out in Exhibit 2 to• this Agreement, if any.. , Each party shall notify the other party .in writing of any delay and the reasons. for it , -6 ~ ~R'D.1'791 NCB as soon as possible after the delay has been determined. Failure to notify the other party shall• waive the rights described above. The Term of this Agreement shall be extended by the .period of time Developer is actually delayed. Article 3 OBLIGATIONS OF THE PARTIES 3.1 Developer. - 3.1.1 Development of the Property.. Developer agrees that development of the Property shall conform in all material respects to all the terms, covenants, and requirements• of this Development Agreement. 3:1.2 Conditions of Approval.. In addition to the general obligations described in this Agreement, Developer • agrees to comply with all Conditions of Project Approval adopted, by the City and incorporated into this Agreement by amendment at the time. all approvals- are complete. • 3.1.3 Assessment District. Developer agrees to join in the formation of an assessment district to ~ acquire right-of-way for and construct Sonoma Mountain Parkway and associated improvements as described in Exhibit 2. •to this Agreement and the Corona/Ely. Specific Plan and EIR. In ,return for Developer participation in the Assessment District, • , City agrees to grant Developer residential allotments according to the terms and provisions set 'forth in Section 3.2.5 of this Agreement. 3.`1.4 Pay-Off Assessments. Developer.agrees. to pay-o_ff, in~ full, the per unit assessment, as determined. by the assessment district for _ Sonoma. Mountain Parkway, on each single-family dwelling to be sold, prior to the close of escrow. This provision shall not apply to commercial development or multi-family rental residential projects not requiring the • ~ -7- ~~R~.~~91wrs subdivision of land, nor to ,bonds or assessments for the purpose .of purchasingschool sites or constructing school. facilities. 3.1.:5 School' Facilities. Developer shall develop funding mechanism(s) to ensure acquisition of sites and construction of additional school facilities to meet the needs of the project. to the satisfaction of school districts and the City' of Petaluma prior to Final .Map approval.. 3.1.6 Affordable Housing. Developer acknowledges its obligation to comply with the City of Petaluma requirements` regarding affordable housing: For purposes of this Agreement, affordable housing ,shall be as defined by the General Plan, and. it s~ the intent of the City .Council that the majority of affordable housing within the Corona/Ely Specific Plan area be owner occupied. In order to, meet that obligation., Developer agrees as 'follows 1-. In cooperation with `B-T Land Development, In:c., Developer shall, at the time the first fina'1 map for the development is. approved by the City Council,. offer b'y grant deed or dedication a portion of Developer's property which, ,when combined with the property of B-T Land, Development, Inc:. , sfiall .total- at least two .and one-half (2~) acres, exclusive of. public dedications. Frontage improvements .and utilities to serve ~ the parcel shall be installed by" Developer . . 2. Developer shall work with the City. of Petaluma to identify a nonprofit corporation to construct on the parcel rio~ less than a twenty-eight (2:8) unit "townhouse development for sale as affordable housing,. Developer shall have the option to deliver complete units (turnkey) to the City, or to a nonprofit corporation the City .selects. `3. The .general location of the parcel shall be as shown on 'the map attached to this Agreemeri:t as ExYibit "5" . Development of the housing described above shall give due consideration to the -s- .~~.1791NCS Corona/.Ely Specific Plan. Units constructed under this paragraph not otherwise. exempt from procuring allotments pursuant to the Residential Growth Management Ordinance shall count against the allotments assigned to the Property pursuant to paragraph 3..2.5 of this Agreement.: Allot- ment.s used- for affordable -housing shall count against the .last development year shown, in paragraph 3.2.5., regardless. of the year of construction. - . In: consideration of -the beveloper's promises set out above, and conditioned upon the satisfaction of each of them, City agrees as follows: (a) Upon the transfer of the parcel to the City. of Petaluma, and .completion (or guaranteed eompletion)• of frontage and utility improvements. to. serve the parcel, Developer shall be deemed to have satisfied the requirements. of the Housing Element of .the Pe aluma General Plan regarding providing affordable housing. (b) Upon the :transfer of the parcel to the City of Petaluma., and completion. (or guaranteed, completion) of frontage and utility improvements to serve the parcel.., ,Developer shall be deemed to have satisfied any obligation. it may have; to pay in-lieu fees pursuant to City of Petaluma Resolution 84-199 N.C.S.. and any successor to that Resolution . ~- (c) Construction of the, affordable housing shall be performed by~ the City of Petaluma or its designee, including developer, if applicable. 3.2 City: . 3.2.1 City's Good Faith In Processing. City and Developer acknowledge that .additional permits and approvals are. required ,from the City before construction of the Project, 'including but not limited to, approval of development plans, tentative and, :final mapa, and design review _q- ®~,. 1~ 7 9 ~ N C ,S for individual phases of the Project, :and ss"uance 'of. all necessary grading,, land improvement, and building permit's. City agrees to exercise . its discretion in connection with such permits -and approvals in good faith .and in a manner consistent with the terms, conditions and purposes of the Established Development Stand`'a~rds and this Development Agreement. 3.2.2. Benefit District. City.,agrees to create a Benefit Fee District at the same: time the, Sonoma Mountain. Parkway Assessment District is created which shall include all lands in the CoronalEly Specific Plan Area, except •those participating in sand assessment district. The Benefit Fee shall be established. by the .City Council according to an Engineer's E assessment spread formuaa~ for the Sonoma Mountain Parkway Assessment District and applied to the subject properties :at the- time of development. Proceeds collected by the City shall be. paid to the Sonoma Mountain Par-kway Assessment District„ participants, according to the Participation Schedule set forth in-Exhibit 3, regardless whether they are owners of the property at the time of repayment. The Benefit Fee district shall remain in effect; for the same length of time as the. maturity of the assessment district bonds or twenty years, whchever,,i_s greater. 3.2.3 Water. Pressur-e Zone ,IV.~ (a) City agrees •to develop Water Pressure Zone 4 to ser-ve those properties in the Gorona/Ely Specific Plan Area east of Sonoma Mountain Parkwa'y> City. further agrees to pay fo,r the design and construction of Water Pressure Zone 4, , to begin construe#ion at the earliest possible date, .and. to have thesystem operable in 1990. . {b') Developer agrees to pay water connection fees in effect city-wide at. the time of development. -10- (c) City agrees to 'permit .developmen;t of properties affected by limitations in water pressure until,. cons-tru'eton o'f Water Pressure Zone 4 is completed, °p"rovided an interim water system satisfactory to the City Fire Marshal and City Engineer- is constructed for use during the construction period until Water Pressure Zone 4 becomes operable. 3.-2.4 Landscape and Lighting Maintenance Assessment District. 'Developer agrees" to support the formation of and to participate in a landscape and lighting maintenance •assessment district. created by the Developer arnd adopted by the City, pursuant to the Landscaping and Ligh ng Act 'of 197.2, with boundaries co-terminus with the boundaries of the Sonoma Mountain Parkway Assessment District plus those landscaped portions of the Parkway initially constructed along the frontage of or r th-rough properties .not participating in the Parkway Assessment District. City shall create .said district at the same time as the assessment district for Sonoma Mountain "Parkway. City agrees to resquire all properties in the Corona/Ely Specific -Plan area which develop after;or' are "annexed after the creation of the landscaping and lghtirng ;assessment district to annex to said district as a condition- of development approval. 3.2.5 Alltments . City agrees • to grant Developer allotments "on an annual basis according to the., following schedules 1990 68 19,94 22 1991 45 1995 -0- 1.992 54 ~• ~ 1996.. . -0- 1993 61 Developer ,shall be exempt from the allotment forfeiture provisions as set forth in Chapter .17.2.6 of the Petaluma Municipal Code (`the• Residential ." Growth Management Or-dinance) and may accumulate, unused allotments from • - ~. -11- - _ O~.17 91 N C S year-ta-year over the term of this Agreemen:t,, not to exceed the. total allotment`s for the .entire Project. In any year in which -the total number of City-wide allotment xequests is less -than the number of available discretionary allotments., Developer may apply for additional allotments . through the standard allotment application procedure. The allotments granted Herein are s.ub.ject to the final number o;f units approved by the City after project review: and approval and does. °not constitute approval of any project or series o.f; projects nor does the, granting of said allotments guarantee that the .project, will, 'be approved for the same number of -units as allotments granted,. 3.2..6 Coopera,fion of City. City agrees to cooperate with beveloper in 'implementing all of the conditions of` the Existing Approvals, including,. but .not limited to, the potential exercise of its eminent domain powers.. In~ addition; .City shall` cooperate with Developer if Developer is required to obtain any other permits and approvals required from other ~. governmental or quasr-governmental agencies (such as public utilities or utility districts) . ~ ~ ~ , 3.3 Operating M'emorarida. (a) This Agreement requires close cooperation between City and De.u.eloper. Refinements and further development of the Project may require flexibility regarding details of -thee Project which are not' mentioned r. or mentioned :only ,generally in this Agreement.... If the. parties find changes or adjustments, necessary or approp~ri'ate,, they shall enter, by mutual agreement, operating memorandum, which, after execution, shall be attached- to this Development Agreement anal become a part of it. An operating memorandum shall require no 'pro"r notice or hearing nor ' constitute an amendment to this Agreement. -12- The City's Planning Director O~D.1791NCS .~ . may enter into such, operating' memorandum on behalf of the Ci y. Whether to enter an operating. memorandum shall be optional with the parties. (b) 'Terms contained within this agreement may be amended from time to time ti`y the ,mutual consent of the parties Hereto and .only in the same manner as set forth in Government Code Sections 65867, b$567.5, and 65&68 and Article 19.3 of City of Petaluma Zoning Ordinance 1072 N.C.S. 3.4 The .Ci y and Developer agree to. amend this Agreement upon approval of the Project by. the City in order to incorporate all conditions of approval herein:. Article 4. SPECIAL RULES REGARDING .ALliOTMENT5 AND. CONSTRUCTION OF UNITS 4.1 Special Rules .Regarding Allotments ;and' Constructon_ of Units. (a) .Developer agrees to commence: construction of no more. units ~. in a given calendar year than the' number: of allotments granted for that year according to~ chedu-le set •forth in par-.agraph 3.2.5 above. If Developer commences construction on a fewer number of units than allotted fora given calendar year,. City agrees in the ':next succeeding year to allow construction. 'of 100$ o;f the allotted, uni s for that .particular year plus 50a of the total number units unbuilt :from the previous year{s). Tlis provisions will; :remain in effect until the inventory of unbult units is used up. (b•) If Deve oper sells a portion of his property, the Developer shall determine the number of allotments to• 'be transferred with the property sold and determine in• which allotment year the •transfer of those allotments will take place- so long ~as such transfer conforms with the `Established Development Standards. . An acknowledgment of division. of allotments shall be signed by all Developers apd subsequent purchasers and provided to the' Director of Planning. . (c) This agreement re:'gardng allot-meets does not constitute approval of ariy project or series of. projects or a guarantee .that the project will be approved for the same number. of units as allotments granted. Developer must proceed through City's standard subdivision map approval process and abide by all time frames and conditions of approval required through That process. Article 5 FEES AND CREDITS • 5.1 Fees... All other development fees shall be the amount determined from • time to ,time by the "City Council for application to the City as a whole. A " schedule of the fees in effect on the date of this Agreement is attached as Exhibit 4 to this Agreement. City may increase existing fees. or impose fees in addition to (hose 'in "Exhibit 4" (including anticipated new traffic impact feces) ~so long as, and only. if, those fees are normally required to be paid by developments on a city-wide .basis. City acknowledges it will receive from the Sonoma Mountain Parkway Assessment District the 'sum of ~: One and One-Half Million Dollars ($`1,:500 , 000.00) as an up-.front. contribution toward' the Corona/Ely offste'traffc improvements. City agrees Developer shall receive a dollar-for-dollar credit against."its obligation .for trafficmitigation fees from said One and One-Half Million Dollar ~ ($1, 500.,, 00'U :-0'0:) ".fund received "from. the .Sonoma Mountain Parkway Assessment District in the same percentage reflected in the Participation Schedule attached as Exhibit 3 to this Agreement. An' accounting of -1:4- Developer's credit shall be kept 'and .applied as permits are• issued until the credit is exhausted., 5.2 Specific Plan Fee . Developer agrees to pay Corona/Ely Specific Plan fee as authorized by Government Code Section 65456(x) and to be established b.y '. the City Council.- • City agrees. to credit initial per acre contributions made by certain developers for the preparation of the Specific .Plan against the , total obligation for the Speci#ic Plan fee. The credits shall be paid to the person or entity who actually advanced such funds,. whether or not the person or entity owns the. property at the time the credit accrues. Article 6 DEFAULT, REMEDIES, TERMINATION . 6.1 General .Provisions. Subject to .extensions of time by mutual, consent in writing; or as otherwise provided in this agreement, failure or delay by either party to take reasonable s eps in good faith to perform any term or provision of this Development Agreement for a period of 3'0 days after written notice thereof. from .theother party constitutes °a default. Such notice shall specify the ,nature of the alleged default and th'e manner in which said default .may be satisfactorily cured. Subject to extensions q`f time by- mutual consent ,in writing., if a party defaults under this Development Agreement or any of .its terms or conditions, t-he party alleging ,s:uch default or breach shall;, after the expiration of the 30~-day period without. cure, at its option-.initiate legal proceedings and/or give. notice of intent to terminate .the ;Development Agreement per Government Code Section 6.5868. -15- ~~La: 1 ~' 41 N C S Following such notice of indent to terminate, the matter shall be scheduled ' for consideration --and review ,b:y the Gt'y~ Counc•1 within 30 days in the manner set forth in Government Code Sections 65'8'65;. 65867, and_ 688.68. Failure. or delay in'giving notice of default pursuant to this Section 6.1 shall not waive .any default, .nor shall it change the time of default. Except as otherwise provided in this Development Agreement, failure or delay by either party' in asserting any •of its rights or remedies as to any default shall not waive any default or any rights or remedies or deprive either such party of its right to ins itute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any rights or remedies. Evidence of default may also arise in the course of the regularly scheduled annual reviews of this ,agreement ~desc:rbed in Section 6.2.1 below. • 6.2 .Annual Review.. 6.2.1 Annual. Review. 'The City shall review compliance with. theterm"s, covenants and conditions •of: this Development Agreement at least ones ever-y twelve (12:) months, at which time the •Developer, or any successor or succe sons iri interest thereto,. may be required to ' demonstrate good.. faith compliance with the terms of this Development Agreement. Developer shall within 30 days after demand by the Planning Director provide a letter to the Planning Director setting forth De•veloper'•s • good faith compliance: and provide other document an_d .in'formaton reasora'bly .necessary to enable the Planning Director to undertake the annual review.. 6.2.2 Noncompliance. If- the Planning Director, on the basis of substantial evidence., finds that the Developer has not complied..., in good -16- ~~~.17 91 N C S .~ faith with the terms ~ of this Agreement; he shall specify in writing to Developer the details not in compliance within thirty (30) days after the date the Developer's submittal is deemed complete . The Planning Director shall also specify a reasonable time for.'Developer to meet the terms of compliance, which time shall be not less than thirty (30 ). days, and shall be reasonably related to the: time necessary to bring Developer's performance into good .faith .compliance with' the terms of this Agreement. If the areas of noncompliance: specified by the ~ Planning Director are not perfected with the reasonable time limits prescribed by the Planning Director, or if Developer contests the Planning Director's determination, the matter shall be referred to the City Council. 6.2.3 Referral to City Council. If the matter is referred to the City Council, the. Oity Council shall ~ schedule a hearing on the referral not earlier than thirty (30) days after the matter is referred to it. At the hearing, Developer 'shall be entitled to submit evidence anal address all the' issues raised in the. notice of noncompliance. The Developer''s evidence may be in writing or' may, be taken : orally at the hearing before the City Council, or both. If„ after .receipt of any written response of Developer, and after considering all of the evidence at such public hearing, the City Council finds and determines on the basis of substantial evidence the Developer has not complied in good faith with the terms and conditions of this Agreement, then the City Council shall specify to Developer in writing the details in which Developer has failed. to comply, and shall also specify. a reasonable time for Developer to meet the terms of compliance, which . time shall be not less than thirty (30) days and. shall be reasonably related to~,the time necessary to bring Developer's performance into good faith compliance .with the terms of this Agreement. If the areas of -1~- O~'~. 1741. NCB noncompliance specified by the City Council are not .per.-fected within the reasonable tirrme limits prescribed in the' City Council's written notice, then the City Council may, after a public hearing held after at least fifteen (15) days w-ritten notice to Developer,,, declare a default. pursuant to _ ,,paragraph 6.1 above: A, notice. of determination of noncompliance to Developer shall specify in. detail the grounds and all facts demonstrating noncompliance so that Developer may address the issues raised in the • :notice of noncompliance on sa. point-by-point b"ass on any referral to the City Council. - 6.3 Applicable' Law,lAttorneys' Fees. Thais De:velop.ment Agreement shall be. 'construed. and enforced according to the laws of the State of California. Should. any legal action be brought by either party because of breach oaf this •Development Agreement or to enforce •any provision of this Development Agreement, the prevailing party shall be entitled to `reasonab'le attorneys! .fees (including reasonable in=.house. counsel fees of the City .and Developer at private rates. prevailing- , in .Sonoma County) , court costs, and such-other costs as ~ may be fixed by the Court . 6.4 Specific Performance. Thee parties acknowledge it is and will- be impossible to measure in money any or all .damages which may resuI;t to Developer by reasons of any failure on City's part to perform any or all'of its obligations under this: ,Development -Agreement. If Developer or, .its successors or assigns shall. institute any action or' proceeding to enforce.. ori_nterpret the provisio:ris of this Development Agreement, the City shall, and hereby r does., waive: the claim or defense that Developer has an adequate remedy at law, and the City shall not urge or be heard to urge in any Such action -18- ,, ~~~'t~.1 '7 911V C S or proceeding the -claim or defense that a remedy at law exists. Developer shall notify the Planning. Director, in writing, of its intent to file litigation thirty (30) days before the initiation of such litigation . Article 7 MORTGAGEE -PROTECTION;. CERTAIN RIGHTS OF CURE 7,1 Mortgagee Protection. This Agreement shall be superior and. senior to any lien placed on the Property or any portion of it after the date this Development Agreement is recorded, including the lien of any deed of trust or mortgage ("Mortgage") . Notwithstanding the foregoing,. no. breach of this Agreement shall defeat, render invalid, diminish, or impair 'the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall bind any person or entity, including any deed of trust beneficiary br mortgagee ("Mortgagee") , who acquired title to the Property or any portion of it by foreclosure, trusaee's sale, deed in lieu of foreclosure, or otherwise. 7.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements or to guarantee construction or completion.. ~ However, Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on it other than those uses or improvements provided for or authorized ~by this Agreement. 7.3 Notice of Default to Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default given Developer under this Agreement specifying the -19- . ®R~. 17 91 N C S .: address for service, then City shall: deliver to Mortgagee, at the same time as service to Developer, any notice given to Developer with respect to any claim by City that Developer has committed ',an event of default.. If City makes a determination of noncompliance., City shall likewise serve notice of noncompliance on Mortgagee.- at the same time as service on Developer. Each .Mortgagee shall Piave: theright during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in the City's notice . Article 8 TRANSFERS AN,D A-S'SIGNMENTS 8.1 Right to Assign. Developer ,hall .have the right ao sell, assign or transfer this Agreement 'and all of its' rights, duties, and obligations under it to any person. or entity at any time. However, in no event shall the rights, duties and obligations conferred upon Dev.,eloper pursuant to this Agreement be at any time transferred or assigned except through a transfer of Developers interest in the Property, or a portion of it. 8.2 Release Upon Transfer. Upon the sale., transfer, or assignment of Developer's rights .and interests:; Developer .shall be released ,from its obligations under this Agreemen't' pertaining tb the Property or the portion transferred arising. .after the effec#ive date of such transfer, O if ,Developer is not then in default under t-his Agreement, (ii) Developer has provided 'to City notice of such transfer., and.~(.iii) the transferee executes and delivers to City a written agreement in which (A) the name and address of the transferee is set forth. and. (B)' the transferee- express:-ly an,d uncondition:a'tly assumes all of the obligations, of Developer it•nder ;this Agreement pertaining; to the Property or. the portion transferred. F,ail_ure to deliver a written assumption agreement shall .not affect any .covenants in this Agreement which .run with the land, as `provided in Section 8'.3 below, nor shall such failure negate, moth"fy, or otherwise affect ,the liability of any transferee under this Agreement;. 8.3 Covenants Run With 'The Land. All of t'1i'e provisions, agreements,, rights, powers, standards, ~. terms, covenants; and obligations contained in. this Agreement. shall bind the parties and their respective heirs.., ,successors (by merger, consolida- tion, or otherwise.)' sand' assigns, devisees., adm-inistrators, representatives, lessees, and any other person or entity acquiring the Property, or any - portion o,f it, or an_y interest in it, whether b.y operation of law or in any - - mariner .whatsoever:, and shall. inure to the benefit: of the parties and their respective heirs, successors (by merger:; consolidation or otherwise) and assignsc; .All of t,Y'e provisions' of this Agreement shall be :enforceable as equitab e servitudes ;and constitute covenants .running with the land ;pursuant to ,applicable law', including, but not. limited to;, 'Section. -1468 of the Ci"vl Code, of the State of California. Each covena is to do or refrain from doing some act on the Property or on any City owned property O is for th-e benefi of the properties and is a burden upon. them, (ii') 'runs with the proper.tes,, and . (iii) binds each paray -an:d each successive owner during its ownership of .the properties or" an'y portion of them:, 'and each person. ,'or entity hawing any interest derived . in any manner through any -. owner of the 'properties, or: any portion ~of them, -and (iv.) shall benefit- each party. and its property under this Agreement, any successor.. -2~- ~ ®~'~.1?'91~NCS Article' 9 GENERAL PR.O'UISION~S 9.1 Project is a Private Undertaking,. ' Thee development contemplated by thin Development Agreement is a private development. T'he City has no -interest' in fhe Project and no responsibility for or duty to third persons concerning any improvements to the Property. Developer shalh. have full power over and exclusive control of the Property subject ornly to the limitations and obligations of the Developer under .fhs Development Agreement, Developer agrees' to hold City harmless from any liability for damage or- claims. for damage for personal injury, including death,, as well as from claims for property - damage, which :may arise from the De;veloper's~ operations under this Agreement, excepting .suits a_nd actions brought' by the Developer for default of this Agreement or ar'ising' from the negligence or willful m'scon-duct' of the City. 9..2 Notices, Demands .and Communications Between the Parties. Written notices, demands; correspondence and communications between the City and the Developer shall be` sufficiently given if .deposited in the United States mail,. pos age prepaid, return receipt requesfed, to the offices of the City and ~ the Developer below. A party mazy ohan;ge its address for notices by giving notice in ~ writing to the other. party. City: City Manager City ;of Petaluma 11 English Street Petaluma, California 94952 Developer : ~ Quaker. Hill Development Corporation 5.0,3 D Stroeet San Rafael.., .California 94901 -22- ~~~~ 17 9 ~ N C S # , 9.3 I~1o Joint Venture or Partnership,.. ..Nothing contained' in this Development ;Agreement .or in any document: executed in connection with this Development Agreement shall be construed as making. Cit-y and Developer joint venturers or partners. 9.4 Severablity,, If any term, provision, covenant, or condition of thus Agreement is held by a court of competent`. jursdct-ion to be invalid,, void or unenforceable, the ;remainder of the .provisions .shall continue in full force and effect unless the rights and obligations of the parties have. been materially altered or abridged by sitcl invalidation, voiding or unenforeeability, provided, ghat the parties` may in any event by mutual consent: continue an_ y or all of such remaining provisions in full force and effect . - 9.5 Entire Agreement. This Agreement is executed in four (4) duplicate originals, each of which is deemed to be an original. Thi's Agreement consists of ( ) pages, including. t!he recitals and' exhibits., which constitute the . entire understanding and agreement of the parties. Exhibit "1" Exhibit "2" . ~ Exlilib " 3" Exhibit "4" Exhibit ''!'.5" Description of Property; Sonoma Mountain. Parkway Description.; Participa'fion S'chedude; Schedule of D,e.velop:ment ,Fees. Affordable. Housing Site,. Upon completion of performance by the parties or revocation of this Ag-reement, a written ,statement acknowledging completion or revocation signed by ttie appropriate agents of th'e City and Developer shall be recorded in the Offica'1 Records of Sonoma. Gourity, California. -23- ~ - ~',.~D.1'7 9~1 ~d C 9.6 ~ Estoppel Certificate. Either party may, at any time, deliver writtenr 'notice to other party requesting the party to certify in writing, .that (i) this Agreement is in full force and effect and a binding. obligation of the parties, (ii) this . Agreement has' not been `amended or modified eit-her orally or in .writing, and if so amended, d:enti'f,ying the amendments, and (iii.) the requesting party is not in default in 'the perforrriance of ''its obligations under this . Agreement, or if .in default, describing the: nature and amount of any 'defaults. A party receiving a request shall execute, and return the certificate 'or give; ~a written detailed response • expaaining why it will not do so within thirty (30) days following the" receipt of the .request. The Planning Director of City shall have. the: authority to execute any certificate requested by Developer. .City acknowl'edges' that a certificate may be relied upon .by transferees and Mortgagees. 9.7 Construction. This Agreement and its Exhibits shall be construed as a whole according to their common, meaning and ..not strictly for or against any party. 9.8 Conditions..' The terms and obligations of this Development Agreement s,hali become effective when, and only when, .all of -the..followimg conditions have . been satisfied,:. - ~ '(1)- This _D.evelopment Agreement liar. been approved by resolution or. ordinance°.of the City of Petaluma.. (2?) 'The, property has been annexed to the; City of ;Petaluma. (3) 'The :City of Petaluma has .adopted the financing mechanisms recommended. in' the Financing Plan and has actually obtained the funding -24= xA:=--. :~ C ;, ., necessary .under such mechanisms to construct the public improvements described in Exhibit 2. 9.9 Conflict of Interest. No member, of'fi~cal or employee of the City .shall make or participate in any decision relating to the Agreement which affects his or her ,personal interest, 'the interest of any family member, or the interests of any corporation, partnership or association in which he is' directly or indirectly interest. 9 . i0 Non-liability of Developer's limited Par.tners.. No (i) limited. partner of the: Developer, (ii-) officer, director, shareholder or partner of. Developer's general partner, ~ or (iii) employee or agent- of either Developer or.-its general partner shall be personally liable to the City in the :event ~of any default or breach by the Developer or for any amount which maybecome due to the City 'or successor on any obligation under the teams of this Agreement. 9.1.1 Hold Harmless and In'demni`fication. Developer hereby agrees to defend, indemnify, save anal hold `harmless the City and its elected and appointed representatives, officers, agents, employees:., harmless from claims, costs .anal liabilities for any personal injury, death, or ..property damages wliieh arises, directly or indirectly, from the operations. performed under bhis agreement `b y. Developer or DIIeveloper's contractors, subcontractors, agents, or employees, whether such operations are performed by Developer or "`by any of Deveaoper''s. contractors, subcontractors, by any one or more persons directly orb indirectly employed by, or acting as' agents for Developer or any of Develo.per's contractors or subcontractors. Developer shall defend City-and its elected an:d appointed representatives, officers, agents and, -25- _ :~. ~ ~ 91 N C ;. employees from. actions for such personal injury, death or property damage which. is caused or alleged to have been: caused by reason of .Developer's activities in connection with the project site. 9.12 Legal Challenges. In the event of any legal or equitable act, action, or other proceeding instituted'' by a third party, other governmental .entity or official challenging -the validity of any provision'of this agreement,. the parties hereby agree to cooperate in defending said action or proceeding. Developer agrees to and shall save, defend, and hold harmless the City from an.y and all claims, costs and liability arising out of a legal action brought against the City which challenges any portion of the development agreement. ~ . Executed the day and year first written above. Approved..- CITY OF TALUMA / _ A . M.unici a .Corporation r. ~~: Ci Attorney Ma.y ~~ _ , .~~. l DEYEI.,OPER . Finance Di recto ' QUAKER HILL BLACKBURN, a `- ' .California Gen al Partnership ., Ross ~ B' ac rn / is General Partner City Clerk -Z.-,Z,3-~: QUAKER HTLL DEVELOPMENT Arthur J. ~ ader ~ CORPORATION E/NE 13A.L PA T -E ; . ~,.~_.~:-~_,.._.,c n By ~~. ~ cam. ~~.-, ii -~. -~-- > /- elma F. Cader an Nor` en Logan,G resi ent -26- . ~~:D~, ~ 7 9 ~ ~ C ~~ -Frr;J' ~y~~i'•,r a a• , j;? 'l ~l ~ 51 hIH(:KA'Y ~: ~Gf'1F5 : ~R ~ c ~ • c .~ ~ .~:../~q~ J .'~.~,{'~~. _ , .- , ',f ' f. - yA,y~~t,~~~yy .a.a, aaveooa~ ~••~. cA ~ d •~~EClil 2iCOd0Y': ~y .~ ~ . ~- ~ ~ " .., ~ S~191iaiC0l~i(1~~.6'fellf'0~1~ ~ J . '°®"'° ~Y~er ffiiZl. D~ardlv~ies~~ C3r~~ ~_,~TCR~1 ~ . `~+ -3,43. D •8~rm®e ~ - ~°° fan Rafe+®1 CA 9dg01 - ~ .. p L J ' ...:rr......Y.-_ _faeC.gi-®bv4:,TwfB.gym@.ipa~ffiWR'6v11Q,.o~....' - t ?eo (aj'dv~$uo(n: O'~ Mh 1. { +..,:~'~r~~ tai , a~- i~a,a~~r~ aa~ w~L:. ~ 4Q.,~.A.R ( x , x~yuta6 ae . ta., wens ~ , ooe•rd'w+E: ~+ ~ ~ eaoWbae[+d emdwlutl +~u.:Neo urhd of !tea p~,d rt~eufnavo~oeo t+ror~E~g at ~r a! .~ 1 • r, st ~ yr rae ~ ' ,.~:..a - rnr .... ac..,. ....... ............. ..._..,..._ . t ~ ffkist+Ry e~ot 8d1a _ i _ lroR A VA2~1.+-8t~ CbNSI:~E7l.Tl~ N, ~xc+etyt of ruhlCfi >if het~try;ackrs;zwEadgsd, LItNEST w. Cv~TaB tang. 9XYLZ'.3 •y. C~.~TI&, h.ifl '~9if~ , 'hereeDy +G9t11NT($:.t~ • ;. QUAJtER l~X7:S. ;~~'I6LOP!{E',i~t'f GQRS~Q.Z1~1`,?'O:d,..~' hltornia_ ~ Cocpcr~ctori-~,g co an uAdiv~de$, 2/:a intazga:t; a:~d ,CBS ~4. .82AC7C8URN•, ~ mt'n~o Jaen ns to an .undivid®d" l'~ ihtrYrs•~ ~e 'Penan ~ iti~ Cour;non , i6a: propny ib $Onbs-~ i CO+tat9.4tata'ot Cl,1(frrrni~ @~s?-0~d '~ n: i LOT 1,, ®~ siSto6~ ~~SaA Par.oal tap kin. '33 d3, ,t,il'~ oaf hov®mbaP 13, 1.9'.72 in scolc 183 :c!` PLapfl~ :!~qd .<1, 9onaaa County R~sordfs. ~~~ r - - 8A4~ AB RL'"~'L1RK JCDOli~B`3` _ __ mar tas ~serwear to _...: ...r.,-- -- ~. .. . D~rch .31, i98g ~~_ aete _ ... s~irt~~', c.~uro~a~a , ~ ~ ~rnoiit: 'a. Curlc® ~ . °M -~i-.ar~iy:~~85• e~t¢oa na, wi w~tcaj~rea ~ -- , 0 1Vavy ~irtaeeua. fa seem *ro ~ e_t~ea~. rev wr~++a• P23y1 s' K., Cugg ~~~~ _ .. ,~ &fit~"L i.r~.,•. lam'.",f~'~B'ta t~ faL 'C1uN0 DQ 84taQuetevy _ )-lo f!s iQO pwase-,tL .a.~po;~' ~5~ ~i_ ,~ •tt»; ~~ : 1 .iid ltd tfrt -6.~1ffi~'q~~+t~f tAI%cesaa: 9/t1o~v 64. 1se~°Y./ sfhora: Rar(: ~ ~ ~~~~~ ~ ~~ ~ ~ 11011iAY N1811C -CAG~PMA Lyrin.vN ~' dlICL. ,;, 8t71V0~ r ~ Cd.rs ta~ua 4.,~ ot1 -Y._.. . _ , . N __~ ~ , i'f[.;.bof', -,_ _ aa:A,l Twxvt:.t4tAtihcT3 +-4 moti8tt~a) A®d1!@ • ~ • 'f~lii`4 1 a ' $~~ 1 a'~ 5c ('IF-ICICF-1'~' G ~Ut~F~ i ~F.~ i , _ ~... .. EXH.zBIT A DE'S'CRIPTION : All that certain real property situated in the Count of Sonoma Y , State of California, de$cribed as follows: PARCEL ONE.: LYING in Township 5 North, Range 7 West, M. D. B: & M., and being a portion of Lot 246, Rowe's Subdivision of the Petaluma Rancho and being more particulary described as follows: .$EGINNING at the most Southerly corner of the Richard L. Crane property described in Deed r.e.corded in.Book 376 of Deeds, page ~3$7, Sonoma County Re~cocds; thence from said point of beginning .and along the Southerly .line of said Crane property North 35° 16' 30" East 2•.014,50 fee-t to ~a point marked by an iron pipe on tfie Easterly line of ~ Lot 246 af~ore.s°afd; the_ nce along said lfne N:otth 54° •33' We ,t,` 327.16 feet to a point marked by an iron ypipe; thence South 35° 3.2' 30" W'es°t 2014.50 ~f°eet to a point marked by an iron pipe on the Easterly. line of the County Road aforementioned f thence a`1ong said line South 54:° 33' East 336.61 feet to. the point of beginning... A. P:. No. 136-120--QS PARCEL TWOS BEGINNING• o.n the. Southwea~t boundary of Lot 24S ofPetaluma Rancho, as p`er C. W.~ Rowe's Map of said Rancho, a.t a point which is1,0;.96 'cha,i,ns ;Soutilh:eas~terly from- the most Weste°rly corner thereof, said point of_ beginning on the Northeast side of Ely Road.; thence'. South, 54° 4~0' East, along Ely Road 150 feet; thence leaving said road ~NOrth 3'S°. 30° East, 250 feet; thence North 54° 40' West, 150 ,feetf ,,thence South 35° 30' West, 250 feet to the point of beginning. .: A: P. No. 136_120-1,8 PARCEL THREES TRACT •A: BEGINNING ~ on • the Southwesterly bound`a,ry . oaf Lot Number. 245 of the. PeEalum,a Rancho, as per C. W'. Rowe's m•ap of. said Rancho, at a point which is 5.48 chains Southeasterly from `t.h~e most Westerly corner, of• said lot, said point of beginning being in the northeasterly side o~f the County Roadt thence along the Northeasterly side of said road, being-the Southwesterly Continued O:R~.1791.NCS •I~lil`J .1 ~1 ' 3`a 1 ~! ~ 5c hiAla<A'~ ' SCd°tF5 i 5F.') ~ - . - _ •boundary of said. Loa No. 245, South S4° 40'• fast, 5.48 chains; t_herlce leaving said road, North'35.1/2° East, 30.50 chains to the Northeasterly boundary of Raid lot;; thence along the. North- easterly boundary of laid lot N.;o'rth 5.4° 4'0' West, 5.48 chains to a point which, i$ 5.48 chains' 8outhea.aterly from the most Northeirly corner the~:reof; ~ thence 'leaving said Northeasterly boundary,. South 35 ~/2° Went,. 3.0.50 chains to the place of beginning. Being' a portion of said Lot Number 245. TR11CT B t BEGINNING on the. Southwest boundary of Lot 245 of Petaluma. Rancho, as per C'. W. Rowe's Map off. said ~Rencho, at a point which is 10.96 cha ns SoutheasterTy'f.rom the most Westerly corner thereof, said point of beginning on the Northeast side of the County Road; thence along the Northeast eide'of.said road, the Southwest boundary of said lot, South S4° 40' East, 5.4,8 chains; thence leaving said Road, North.35 1/2;° East, 30.50 chains to the " Northeast boundary of said lot; thence along said Northeast boundary, North 54° 54° West, 5.48 chains to a point which is I0.96 chains Southeast from the most northerly corner of said lots and thence-leaving said boundary, South 38 l/2° west, 30.50 - chains. to the place of beginning. Being a por°t ion o'f s'a~id Lot No. 245. EXCEPTING THEREFROM the following: BEGINNING at the most Western corner o:f. Tract B hereinabove described; thence South 54° 40' E~aSt T50 feetf thence North 35° 30' East 25'0 f_eett, thence North 5'4° 40' .West 150 feet.; thence South 35° 30' West"250 feet to the point of beginning. As P. No. 13.6-120-23 PARCEL FOUR: BEING a por~ti.on of th.e lands conveyed o Ernest E. Curtis, et ux, by 'deed recorded February 1-5, 1950 under Reco'rder's Serial No. D-6967,, Sonoma Cciunty •Records-, said ,portion being more particularly desc•r~bed as follows: . CONIMENCLNG at ~tfie most Westerly corner of Lot No. 2.4.5 of the Petaluma. Rancho, as per C. W. ~Rowe's map of said Rancho, said point af -commeneem,ent being on the northeasteely side of Ely Road;. thence,~alon.g said northeasterly side, the southwester Ty b-oundary of said Lot 245, South-54° 40' East 206 feet to the point of ' beginning of the he.xein d'es;cribed pacce;lt thence continuing South.54:° 90' East, and along the.. Northeasterly side of said road,, 155.6:8 feet to th'e southerly corner of the lands of said C'u;rtis~; th.enCe leaving said .road., North fi5-1/2° East Continued ~RD.17 91 N. C S ~ , _ ~. . ~TI~~V la "8~ 14 ~ 53 (1ACKAY & _G(•1P5. (~R ) e. 20:1..3, feet to~ the. `Northeasterly boundary of said Lo't 3d5 ~ thence `alo'ng said boundary Noctli' 54° 40:' West 36'1.68feet to the most Northerly corn°er -thereo-f r the:nc.e. 1eav.;ng~ the northeasterly boundary and ,along the nor,th~we~s-te,r `y bou;nd~ary of sand 'Lot 2d5 South 35-1'/2°West, 1;017 fe.e:t to `a p:oin ~J thence South 54° 4'0;' East, and para11~e1' with Ely Road, 206 feet to a points .thence South 35-T/2:° Went 996 feet to the point of beginning. A. P. No. 136-120--22 PARCEL FIVE: AN EASEP9EN'T, for gen,er~a1 road amd uti sty purposes over the followingr~ 6EGINN:I<NG at the. most westerly cor,nec o;f Lot No. 245 of the - Petaluma Rancho,,- as °~per, C. W. Rowe's ma,p of said rancho, said pofnt of 'beginning being an the rrorthe.asterly side of Ely Roadj thence along said northeasterly sa:de, the southwest°erly boundary. of said Lot 24!5, South 5:4° 40' Ea -t .25 :feet to a' point' thence North 35-1/2° E°~fst: 996 feet t.o a pointy thence North 5d° 40' West 25 feet to a,point on the Northwesterly line of Lot 2d5= i thertc.e South 35~ ,y2° Weat 996 feet to t'he.-point of beginning. ~- .~ . '~:~ . .~ a ~:.. EXHIBIT 2 CQROf~lA-,ELY SPECIFIC PLAtV ASSESSIti~:EPJT DISTRICT PRELIMINARY SPREAD PJQ. 5 The major public improvements tfiat are anticipated to be constructed by the Assessment District. within :the Specific PIan.Area.are listed below. There may be other improvements included in the Assessment District required by the.City of. Petaluma which are not''included i'n~this preliminary description of work. A. ~ Ely B;oulevard..and Sonoma ~Mt. Parkway These streets areanticipated to be constructed per tha alignment shown in th;e Corona-Ely Specific: Plan • from approximately 700 feet.` north of Washington 'Street toNorth McDowell .Boulevard. Ely Road in the county ~is presently astraight two-lane.. country road .from Corona Road 'to the Present city limits. Ely Boulevard within the city is p:res,ently improved along its westerly half from the present; city limits at 1Vlorning Star Subdlvisio'n to within 700 feet of Washington Streat where .full improvements .exist. Ely Boulevard is proposed to be renarrred. Sonoma Mt. Parkway and is shown having two:travel lanes ;w.ith C`lass~ IIb Bike Lanes and a landscaped median 'in the Gorona-E'iy Specific. Plan. Landscaping with backon treatment is~ .an#ici'pated to be -required of developers along Sonoma Mt. Parkway as part of the. subdivision i"mprovernents. TFie typical sectign to be constructed by the Assessrrment District 'is 52 feet. wide from . curki to curb with. a landscaped median in the :present r1'ght of way or 64 feet ± of right of way i~om the Bollinger property to Corona Road. Ely B.ouievard is anticipafed to be cons_ tnaeted as a tvbo lane ,co118ctor from Sonoma Mt, Parkway~to Corona Road with curb, gutter, drainage,-water main, and, sanitary sewers ~in the, existJng: 8,0 foot right-of-way.. Walls, fences, landscaping, Ilghiing, sidewalks and paths, underground uti ities or Corona Creek improvements from Ely 13oule~ard to North McDowell Boulevard would not be, a part of the Assessment District but constructed with development. Page 1 of 2 ORD.1~91 ACS EXHIBIT 2 B. Sewer Trunks. A new trunk sewer pipe is necesary to serve the northerly protion of the Specific Plan area to be constructed; frgm fhe ~raitroad tracks at Corona Road -in. Corona Road` ~to ~ Sonoma Mt. Parkway and in Sonoma Mt. Parkway to the future junior college site. The southerly portion; of the: Specific- Plan area above Ely Road from fhe property south, of thejunior college. site to Lynch Creek would' be served by a new trunk sewer extended :northerly-and southerly in Ely Boulevard from the presently stubbed 12 inch. sewer at Rainier Avenue. C• ~ 1N~4er ll~afns .A 12 inch main exists in Eiy Boulevard from Washington Street. to. Capri Creek at the northerly :city limits. A. new water main woufid 'have to be consfructed from the present city ~ limits ~#o the Sonoma.. County, 1Mater Agency aquaduct at: the Northwestern Pacific. Railroad tracks at Corona Road, in Sonoma Mt. Parkway, and a, new. water mainconstructed in Ely Road from Sonoma Mt: Parkway'to Corona Road. Pressure 'Zone 1V work- is not a part of this Assessment .District but is necessary to serve the east lde of Petaluma. northeast of .Ely Road above the 60 foot elevation. D. Creeks edri ®tsinage Construct parallel and 'lateral drainage ~ ysfarns witfiin the public street right-of-way including. ;the Lynch Creek; Capri: ~Cre®k, and Corona Creek cross culverts on Eiy- Road and Sonoma Mt. Parkway. Make femporary gpen ditch improvements to Corona Creek from Eiy Road to: McDowell Boulevard or an alternative pipe system:. it is assumed that all other drainagework outside the constructed Ely Road- and; Sonoma Hitt. Parkway right-of-ways required as part of the Corona-Ely Specific Plan will be done by developers. ~e 2 of 2 z~s~~~rs u E%HIBIT 3 . Pa`r'tic.paton. Schedule . Sonoma Parkway Company ~ 36~ McBail Company- 30$ Cherry Lane Associates 11~ Quaker Hill Development Corporation/ 16~ °~ ~ Ross Blackburn ~~ B-T~Land Development, Inc. - 7~ TOTAL 10`0 ~ J. SPECIAL :~ 3. ~~ ~~~~:~ K ..=~aLL . ~ Prepared. By -` ~ ~ City.of Petaluma ` , Comrnuni`ty Pi.anning & Development Dept. febr_uary ~7, 1990 SPECIAL DEVELO'PMENT` FEES This booklet rs a col_lecton., of general. descriptions of special development fees i`mpose'd on new construction in the City ~of; P.eta:luma.. It is intended to serve as , a general guideline describingwhen a fee app ies.,. how it is calculated, ari;d when it is co,llec,ted. Each description also irncludes a reference .to.:appl'cab e ordinances:, resolutgns;, and Municipal, Code Sections w.~here more detailed. information can be ~ obtained. This does not inc ude -the 'many .general development fees collected as part :of the building and planning permit' process ~ ("i.e. subdivision applca~tiori, building permits) . Included are descriptions of the following fees Sewer Connection. Water Connection ` Community Facilities 'Development Storm Drainage Impact Dwelling Construction ~ . Park and Recreafon Land Improvements School Facilities . In-Lieu. for Provision. of Low. Income Housing Applicants should be ,aware that all fees are subject .to change by Council action. Current fees should' be confirmed. For further information contact the Community Development and Planning Department, 1T English Street, Petaluma, CA. 94952., phone 707/778-4301. . I ;~~~.1~91 NCS ~~ SEWER CONNECTION: FEES APPLICABILLTY: . Any connection to the public sewer is required to pay a sewer connection fee . CALCULATION OF FEET 'Sewer connection fees are established by resolution of the City Council. Fees are based upon- the classi~fieation of user: residential; :non-residential, excluding industrial;; arid, industrial. .Residential users pay $2,550.00 per unit (Accessory Dwelling $1,,000.00) . Non-residential (excluding industrial) users pay a fee based upon the number ~ of fixtures installed, $2,550.00 minimum. Industrial users fee is determined b,y individual application. TIME OF PAYMENT Sewer connection fees. are paid prior to issuance. of a plumbing permit which is required prior to connecting the sewer.. Municipal Code 15.44 - 15.7.7 Ordinance #1543 Resolution #114 April 27, 198? Q~Iii~. 17 91 N C S 2 WATER• CONNECTI'.O.N FEES APP-LICABILITY c Any .riew connection into the City water system must pay a connection fee. Gharges are based, upon tte size of the meter,. Service charges are applied when the City tarps the main for the connection and installs the service and the meter box. ~ ~A $325.00 credit may be applied when water mains .and services are constructed and financed by the developer (15.08.040) . CALCULATION OF FEE: Water connection fees are established =by resolution of the City Council. Current°ly, the average single family hbme_ in a subdivision which installs water mains and ser-vices will pay $1;290.00 minus $325.00 credit for each 6,500' square .feet of. lot being served. An individual home buil# on an existing. parcel and requiring the services of~ fh~e City for tapping the main will pay $1,635.00. ' TIME 'OF PAYMENT Water connection fees are paid to ttie City . Water Department, prior . to having a water meter set .and service connected'.. A11 fees must be paid before final oceupanc:y will',be approved by the Building Department. Municipal Code 15:0.8 Ordinance #1252 Resolution #921.4 & #88-93 25 April, 1988 ~~D..1'7 91 N C S 3 COMMUNITY FACILITIES DEVELOPMENT FEES P[J:RPOSE: T.he purpose. of the Community Facilities Development Fee to collect money for the construction. of major public impro~~ements by causing the cost of construction to be borne by those developments generating the need .for the 'improvements .. A-PPLICABILITY: Construction of a new strctur„e' or, addition to a. ,non-residential structure, addition of one. or more' ,residers ial dwelling :units. on a developed parcel, except an accessory dwelling as defined .bg the Zoning Ordinance, or division of land. CALCULATION OF F:E~E: Residential developments are char.;ged $1,3:15:00 per- dwelling unit. The fee or non-re'sdenfial development i`s $18,416.00 per acre for new development, $1.3 `per square oot for `buildng additions. . TIME OF PAYMENT Fees .are due :and payab a .prior- to the issuance of a building. permit. Municipal Code .17.14 Ordinance #1311, 1383, 1449, 1469, 1680 Revised. 'February 7 , 1990 r ~RI~.1791NCS. 4 STORM DRAINAGE IMPACT FEES . ~ •PURPO`SE In Sep ember 19.82,, . the Petaluma City Council, e_stablshed Storm _ Drainage p earls ,of ~mitigatirig .storm drainage impacts occurring as a Im acts Fees as a m' resujt of development.: The criteria established .provides for either the . payment of fees or the construction of on or o'ff-ante detention areas., based upon the type of project. Fees collected are used ~ by .the City for the acquisition, expansion,. an:ddevelopment of storm drainage improvements. APPLICABILITY: This ordinance applies to all commercial, industrial, and residential projects . „ .` OPTIONS FOR COMPLIANCE<: Residential projects. which create. an. increase in normal runoff -exceeding two-acre feet may, as determined, by the :City Engineer, either provide on or' off-site detention equal. to the calculated increase, or pay fees. Residential projects which create an . increase in normal runoff. of two-acre feet or less are required to pay fees. Commercial and industrial project"s 'have the o~p ion. of `either paying.:fees ~ or providing on or off-si'te ;detention areas. equal to .the calculated increase in runoff. ~ ~ ' CALCULATION OF THE :FEE: Runoff Com utaton: T e increase in _ runoff .created by a . given project is calculated for a 1'00-year storm, utilizing :runoff: coefficients based upon the proportion of vegetated.. area to impervious surfaces, and expressed. in acre-feet;;. Runoff coefficients are based upon the type of use, slope of the land, and percent of vegetation. coverage: CommerciallIndu`strial ~ ,projects pay a fee of ~ $3Q_;,0,00 per acre: foot of" a ditona~ rung .~ The :amount of incremental runoff created is directly linked to the amount of landscaping provided. The, maximum fee 'possib cis $9,00.0` per acre of, .larid.. This! would apply to is project'. with 20$ or less landscapiri,g c A project, with. 25`$ ~ landscapn.g can expect a fee of $6, 75'0 per . acre, 30$ would pay $b;,3A~9 per acre, -and so on .. Residential projects. pa:y a fee of $15,-00A per acre ::foot of additional runoff. Incremental runoff is; dependent: upon the ' density of a project ,and the amount of" ~~laridscaping an,d open space provided... A high ,densi:ty project with 2Q$ or less area. ,in landscaping could expect to pay $4,500. per. acre. A typical detached single. family subdivision would pay -approximately $1,500 per acre.. . 5 ~ ~~, O~..1''?' 91 N C ~ ° TIME ~O,F PAYMENT :Flood'. mitigation. .fees :for .commercial and. industrial projects are collected when building permits, are issued: ~ Residential projects pay fees prior .'to - having final or parcel maps recorded; or prior .to issuance of building .permits when no subdivision is involved. ', Municipal Code 17.3`Q Ordinance #1530,1547 Resolution #9564., 95'65 , 9:7'51 . June 2, 1986 :~~..1791NLS 6 . _3 1 DWELLING CO,IVSTRUC,TION FEE ' PURPO.'SE c Often referred to as the "bedroom tax," this .fee provides fund's for expansion of park- and recreational facilities. APPLICABILITY: Every dwelling unit..constructed in ~ the city, ,except where a subdivision of real. property is inv:ol'ved (see Park anal Recreation Land. Imp"rovemen,ts Fee) , is required to pay a dwelling construction fee. Projects which exceed four units on a single parcel :of` land .are subject to Park and Recreation Land Improvement Fees :i-nstea:d'. AMOUNT OF FEE: For projects of four units or less on a single "parcel of land, the amount of fee is °base:d upon .the. number of bedrooms in f`he'dwe'lling unit;. A studio or one .bedroom unit pays $1~2"0.0.0... An; additional $'60.00 is collected for each additoria•1 bedroom, up< to. a maximum of .$240.0'0. T;he fee for projects. consisting of .five. or more: units will . be calculated in the same manner as ~ the ,Park and Recreation Land, 'Impro:~ement Fee' (page 8) . Mobile home project #ees are. calculated in the same manner, assuming 1.80 per-sons per dwelling unit. TIME OF PAYMENT : . Dwelling construction fees are paid. pr'ior' to iss.uaice of a building permit, or prior to the issuance of +a grading or publicimprovement permit for a mohi~le home. park. Municipal Code 1'?,. 12 Ordinance #9'°32, 1'074,, 1383 Revised 'December 5 , 198:8 ORD. 1 ?' 9 Y N.C S 7 J PARK AND RECREATION LAND IMPROVEMENTS FEE PURPOSE` The purpose of the .Park and '.Recreation. Land Improvements Fee is to provide .funds for 'the acquisition,, development, -.and improvement of neighborhood and community park and recreation facilities. APPLICABILITY: ' Any residential project which involves the subdivision of land anal .any project which exceeds four dwelling uni#s on .a single p.arce'1 of land.. CALCULATION OF 'FEES The amount of .fee is based upon the density of the; project, and on the fair market value of parkland and the cost . of improvements as ~ established annually by City Council Resolution. The following table is `used for - calculating park .land acres per dwelling unit: Dwelling Unias 'Per Persons 'Per Park Land Acres Per Gross Acre Dwe!llin.g Unit ~ Dwelling Unit Up to 6.5 3.18 .0159 6.6 0 10.5 1.90 .,0095 10.6 to 25.5 1.80 .0090 D The; cost of 1""and and. improvements is current y sea at $169,35.0 per acre. A typical single family project ,with ~a density of up to 6.5units per acre will pay $2 , 692.66 per unit:. Projects with a density of 6.6 to 10.5 units per- acre pay $1,.60.8..8,2 ~ per unit, and those. with density . of 10:.6 to 25.5 .units per acre pay $1 524.;15 ,per unit. Projects, which exceed four units on a single parcel of land use '1,.8 persons per unit as a basis for calculating fees. .OPTIONS :FOR _COMP-LIANCE: _ This ordinance ~ also provides for crediting projects that dedicate an_d- improve designated public ~park~ sites. TIME. O.F :PAYMENT.: . _ , Park and recreation land im rovement•' :fees are computed for the total P project at .the time ..final or parcel map ~i`s approved, and collected on a pro-rata basis prior to issuance of building permits, for each housing unit. Municipal Code 20.34 . Ordinance #.13'52' May 15, 1989 . 8 O~t~.1 '7 9 ~ N ~ ~ SCHOOL FACILITIES; FEE PURPOSE The purpose of the ~"School. Facilities Fee;/Dedication Ordinance" is to provide ' a method for providing sites and/br financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. APPLICABILITY: A school facilities fee must be paid for every residential dwelling unit or addition built in the Waugh:, Petaluma, Cinnabar or Old Adobe School Districts. Fees must also be paid .for non-residential development in the Old Adobe and Waugh, 'Dstrcts. CALCULATION OF FEE: The School Facilities. F,ee is set by resolution of the City Council: The following fees apply to each school: Residential. Cinnabar Old Adobe Petaluma Waugh Non-Residential Old Adobe Waugh $1,201.DD per unit* $ 1.5'0/sq.ft.*. $ 1.T.5/sq.ft.* $ .25/sq.ft.* $ .2~5/aq.ft.* TIME OF PAYMENT School facilities, fee is paid prior to issuance of :a building permit. Fees are. paid ~ dire'cfl.y to the School District Office of the District in '. which the project is located. A Certificate of Compliance. .form is zavailab~le at the Gity Building Deparment. Municipal Code 17.28 Ordinance ;#°1377 ,; 1512 Resolutions ~#84-165, 85-183, 85-184,, 87-7, 87-25 Revised December 5, 198'8 ~~D: 17.41 ~ C ~ 9' IN-LIEU' FEES FO`R 'PROVISLON O:F.` VERY . LO;W, LOW A:N.D [~tODERA;TE LNCQME HOUSING - PURPOSE The purpose of the -In-Lieu Fee. is to provide an option for developers to comply .with. Program 1.2 (iii) of the Housing Chapter of the 1987-2005 Petaluma General P1'an which states "Program (.12) ~ Developers of. planned residential development of 5 or more. units shall provide 10-15 0 of their ,units as affordable in one of the following ways:,..; . . (iii.) An in-lieu fee, related to the cost of p.rovidimg affordable housing,, shall be offered to the City." The City will use. the fees collected for various programs ' to assist in the provision of low and very low income housing opportunities in Petaluma. APPLLCA-BILITY . This policy applies to residential developmen s with 5 units or .more. CALCULATION' OF FEE Fees are' .calculated based' upon a schedule .adopted by resolution of the City Council (Reno uton~ 84-199). 'Fees are based upon the, actual sales price._of lot and home.,, or in the -case .of custom' home lots,. the estimated value of lot and home . OPTIONS .FO'R COMPLIANCE Payment of in-,lieu fees is- one of several options availab a for meeting the requirements for low income housing . Other options include but .are not limited to provision of 8-1~5$ of the units for rental or sale at prices affordable to~ very lo.w, low and moderate income households., or dedication of land to the City to be used as a site, for affordable housing. TIME OF °PAYMENT In-lieu :fees: arecollected on .behalf of the. City of Petaluma at the time. the escrow- is: eiosed on the sale of each, lot or residential unit. A recorded agreement establishes terms of payment. 3n~p-~~;-}98.5 .May 23', 1988 e to ~ ~R~. I'7 91 N ~ ~ `a ~ ' ' • IN-.LIEU HOUSTNG FEE C:H'ART Sales `P-rice. Lot anal- House. Fee Under $75 , 000 - 0 - $. 75 , 000• - $79, 999 .. ~~ $ 150 per unit $ 80`, OD.0 - $84, 999 240, per unit 85., 000 - ,$89, 999 .42-5 per' unit $ 90, 0..00 - $94, 999 ~ ~ ` ~ ~ 90'0 per unit ~ - 95,000 - $99,999 . `1,4Z;5. •per unit $100,000 - $104,999- " 2,90D per unif~ • $105,OD'0 -~ $109,999. 2,10:0 per unit $110,OO;U. - $114,999' 2,2.0:0 per unit $115.,0'0'U - $.119,999 2;300 per unit $:120 , OQ:U -Over 2 , 40'0 per unit • 23 May 1988 • special.deve op,ment.fees/pd9 ~ - 11 O~t~. -1 '7 91 N C ~ c~` r. ~~ ~_.~~ ~l .'.