HomeMy WebLinkAboutOrdinance 1791 N.C.S. 02/20/1990Introduced by:
Lynn Woolsey
ORDINANCE NO. 1791 N.C.S.
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
'w .I DER 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
034273
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 February , 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
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 2_3 to 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..
P V r T'P A'T .0
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 seq. of, the Government Code ( "Development Agreement
Legislation") which authorizes 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. Pursuant to the Develop-
ment Agreement 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. 89-124C/�
N.C.S. the Corona/Ely. Specific Plan ("Specific Plan") which sets out in
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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 additional environmental asgessment provided the project is
consistent with the applicable provisions of the Specific Plan.
F. Developer wishes to` develop a large-scale, phased development
("Project") generally described as follows: a plannned 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 and Specific Plan.
2. The City agrees to grant residential allotments to the
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)
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years, beyond which additional. environmental review may be required by
the City.
4. The approvals and development policies described above
shall be referred to in this agreement as the °Existing Approvals."
H. City and Developer have taken all actions mandated by and
fulfilled all requirements sett 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 Plan.
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 appropriate. This Agreement will ih 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 seq. ) was enacted.
K . The City Council has reviewed and hereby approves the
provisions of this Development Agreement. It further finds that this
Development Agreement_ conforms. to the City
General
Plan
and Specific Plan
and, its implementation is in the best interest.
of the
City
and.. the' health, -
safety, and welfare of its residents.
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0
AGREEMENT
NOW, THEREFORE, 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, "1" 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 Agreementexpires, 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 1997 (7 years) unless extended or
earlier terminated as provided herein.
Article 2
DEVELOPMENT -OF THE PROPERTY
2.1 Established 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.off-site public improvements, and other terms and conditions of
development. applicable to the Property as set forth in:
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(1) The General '`Plan as of the date of this Agreement;
(2) The Specific Plan:
(3) All Conditions of Project. Approval as adopted by the City
Council incorporated into this. ;Agreement by amendment.
2.2 Rules,, Regulations and Official Policies.
(a) This Development Agreement and the 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.lan,, or rule the .effect of which would lirnit 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 constructed_ 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) Theforegoing 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'
moratorium adopted by the City Council for purposes of General `Plan
-
revision -shall not .affect. Developer's rights under this agreement..
(c;) If State or Federal *laws --or regulations enacted after the
effective date of this Agreement or action by any governmental jurisdiction
other than the e City ,prevent or precPude compliance with one or more
provisions .of this Agreement or require changes in plans,, map.s�, or
permits approved by the City, this Agreement, shall be modified, extended,
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N C
pRD.17 91
or suspended as may be necessary ,to comply with such State or Federal
laws or regulations or the regulations .of ouch other governmental
jurisdictions.
(d) Except as provided for' specific fees elsewhere in this
Development Agreement, all applications for City approvals, permits, and
entitlements shall be subject to development and processing fees and taxes
within the control of the City which are in ' for.ce and effect as of the date
of 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 Delays.
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 party to act, (9') the failure, delay or_ -inability of the City after
request by :Developer, to hold hearings necessary to take actions necessary
for the purpose of acquiring property for the construction of roadways or
other offsite public facilities 'required by the .Specific Plan, Financing Plan,
or -the plan sett 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
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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 . agreesto pay-off 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
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ORD. 1791 N C S
subdivision of land, nor to ,bonds or assessments for the purpose .of
purchasing -school sites or constructing school. facilities.
3.1.:5 School' Facilities. Developer shall develop funding
mechanisms) 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 is, 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, Inc.,
Developer shall, at the time the first final map for the development is,
approved by the City Council,. offer by grant deed or dedication a portion
of Developer's property which, ,when combined with the property of B-T
Land, Development, Inc:. shall .total at least two .and one-half (21) 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 no- 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 Agreement as Exhibit 115" . Development
of the housing described above shall give due consideration to the
-s- 0 D.1791.NCS
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 Developer'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 completion)- of frontage and
utility improvements to. serve the parcel, Developer shall be deemed to
have satisfied the requirements of the Housing Element of .the Petaluma
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 maps, and, design review
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(WO.1791 NC:S
for individual phases of the Project, :and issuance 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 Standards 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 Corona/Ely Specific Plan
Area, except those participating in said assessment district. The Benefit
Fee shall be established by the .City Council according to an Engineer's
E assessment spread formula, 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
Parkway Assessment District„ participants, according to the Parti°cipation
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. Pressure Zone ,IV. -
(a) City agrees -to develop Water Pressure Zone 4 to serve
those properties in the Corona/Ely Specific Plan Area east of Sonoma
Mountain Parkway-. City. further agrees to pay for the design and
construction of Water TPressure Zone 4, to begin construction at the earliest
possible date, '.and. to have the -system operable 'in I.M.
(b') Developer agrees to pay water connection fees in effect
city-wide at. the time of development.
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(c) City agrees to -permit .development of properties affected by
limitations in water pressure until,. cons-truction of Water Pressure Zone 4 is
completed, °provided 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 and adopted by the City, pursuant to the Landscaping and
Lighting 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
through 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 require all properties in the
Corona/Ely Specific Plan area which develop after -or' are "annexed after the
creation of the landscaping and lighting ;assessment district to annex to
said district as a condition- of development approval.
3.2.5
Allotments.
City agrees -to
grant Developer allotments
.on an annual basis
according to
the, following
schedules:
1990
68
19.94
22
1991
45
1995
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1992
54
1996
-0-
1993 61
Developer ,shall be exempt from the allotment forfeiture -provisions as set
forth in Chapter 17.26 of the Petaluma Municipal Code (the- Residential
Growth Management Ordinance) and may accumulate, unused allotments from
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year--to-year over the term of this Agreement,, not to exceed the total
allotment's for the entire Project. In .any year in which -the total number
of City-wide allotment requests 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 subject to the final number of units approved by the
City after, project review:'and approval and does not constitute approval of
any project or series of,' 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 Cooperation of City'. City agrees to cooperate with
Developer in 'implementin.g, 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 quasi -governmental
agencies (such
as public
utilities or
utility districts)
3.3 Operating -,Me moranda.
(a) This Agreement requires close cooperation between City and
Developer,. Refinements and further development of the Project may
require flexibility regarding details of the Project which are not mentioned
or mentioned :only ,generally in this Agreement.. If the. parties find
changes or adjustments, necessary or appropri'ate,, they shall enter, by
mutual agreement, operating memorandum, which, after execution, shall be
attached- to this Development Agreement and become a part of it. An
operating memorandum shall require no,prior notice or hearing nor
constitute an amendment to this Agreement.
The City's Planning Director
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ORD.1791NCS
may enter into such operatingmemorandum on behalf of the City. 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 by the ,mutual consent of the parties hereto and . only in the
same manner as set forth in Government Code Sections 65867, 68567.5, and
65868 and Article 19.3 of City of Petaluma Zoning Ordinance 1072 N.C.S.
3.4 The .City 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 .ALliOTMENTS AND CONSTRUCTION
OF UNITS
4.1
Special
Rules . Regarding Allotments ;and Construction 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' schedule set -forth in paragraph 3.2.5 above. If
Developer commences construction on a fewer number of units than allotted
for a given calendar year, City agrees in the'next succeeding year to
allow construction 'of 100$ 'o;f the allotted, units for that .particular, year plus
50% of the total number units unbuilt from the previous year {s). This
provisions will; remain in effect until the inventory of unbuilt units is used
up.
(b) If Developer 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
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be signed by all Developers' and subsequent purchasers and provided to
the Director of Planning.
(c) This agreement regarding allotments does not constitute
approval of any 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 those 'in Exhibit 4 (including anticipated new traffic
impact feees) *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 A0) as an up -front
contribution towardthe Corona/Ely off site' trafffc improvements. City
agrees Developer shall receive a dollar -for -dollar credit against "its
obligation .for traffic 'mitigation fees from said One and One -Half Million
Dollar , ($1, 500.,, 000 : 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
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�i 1 791 NCS
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(a)' and to be established by
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 Specific 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 steps in good faith to perform any term or provision of
this Development Agreement for a period of 30 days after written notice
thereof. from .the other `party constitutes'a default. Such notice shall
specify the :nature of the alleged default and the manner in which said
default may be satisfactorily cured. Subject to extensions of time by -
mutual consent ,in writing., if a party defaults under this Development
Agreement or any of .its terms or conditions, the party alleging ,such
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 65868.
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Following such notice
of intent to terminate, the
matter
shall be
scheduled
for consideration -and
review ,by the City Council
within
30 days
in the
manner set forth in Government Code Sec.fions 65865, 65867, and- 68868.
Failure or delay Iin' 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 institute 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 described in Section 6.2.1
below.
6.2 Annual Review..
6.2.1 Annual. Review. The City shall review compliance with
the term"s, covenants and conditions -of. this Development Agreement at least
once every twelve (12) months, at which time the 'Developer, or any
successor or successors in 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 Developer"s
good faith compliance: and provide other documents and .information
reasonably 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
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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 Citv Council. If the matter is referred to
the City Council, the City 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 and address all the'
issues raised in thenotice 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
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noncompliance specified by the City Council are not .per-fected within the
reasonable time 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 written 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/Attorneys' Fees.
This Development 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 of this 'Development Agreement
or to enforce -any provision of this Development Agreement', the prevailing
party shall be entitled to 'reasonable 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.
The parties acknowledge it is and will be impossible to measure
in money any or all .damages' which may result 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.. or interpret the
provisions of this Development Agreement, the City shall, and hereby
does, waive the claim or defense that Developer has an adequate remedy at
r
law, and the City shall not urge or be heard to urge in any such action
ORD. 17 91 N C 9
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 or mortgagee ("Mortgagee") , who acquired title
to the Property or any portion of it by foreclosure,'trustee'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-
ORD. 1791 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 have. the -right 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 AND ASSIGNMENTS
8.1 Right to Assign.
Developer shall . have the right to 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 Developer 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.
Agreement pertaining to the Property or the portion transferred arising.
after the effective date of such transfer. O if' ,Developer is not then in
default under 'this 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
-20- ,1'7491 N C S
IN
set forth and (B) the transferee- expressly an,d unconditionally assumes all
of the obligations, of Developer under ;this Agreement pertaining to the
Property or the portion transferred. . Failure 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 §hall such
failure negate, modify, or otherwise affect the liability of any transferee
under this Agreement;.
8.3 Covenants Run With The Land.
All of the provisions, agreements,, righfs, 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) and' assigns, devisees, adm-inistrators, representatives,
lessees, and any other person or entity acquiring the Property, or any
portion of it, or any interest in it, whether by 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 the provisionsof this Agr,eernent shall be. enforceable as
equitable servitudes ;and constitute covenants .running with the land pursuant
to, applicable law', including, but not limited to,, - Section ' 1468 of the Civil
Code, of the State of California. Each covenants to do or refrain from
doing some act on the Property or on any City owned property (i) is for
the benefit of the properties and is a burden upon them, 00 'runs with
the properties,, and . (ii) binds each parity and each successive owner
during its ownership of .the properties or any 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..
-21- ® ' .1?'9. NCS
Article9
GENERAL PROVISIONS
9.1 Project is a Private Undertaking,.
The development contemplated by this Development Agreement is
a private development. The City has no interest' in the 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 only to the limitations and obligations of the
Developer under .this 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 Developer's operations under this
Agreement, excepting .suits and actions brought by the Developer -for
default of this Agreement or arising- from' the negligence or willful
misconduct 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, postage prepaid, return receipt requested, to
the offices of the City and ' the Developer below. A party may change its
address for notices by giving notice in writing to the other. party.
City: City Manager
City ;of Petaluma
1.1 English Street
Petaluma., California 94952
Developer : Quaker_. Hill Development Corporation
5.03 D Street
San Rafael, California 94901
-22 ORD. 17 91 N CS
9.3 No Joint Venture or Partnership..
Nothing containedin this Development ;Agreement .or in any
document executed in connection with this Development Agreement shall be
construed as making, City and Developer joint venturers or partners.
9.4 Severability.,
If any term, provision, covenant, or condition of this
Agreement is held by a court of competent` jurisdiction 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
such invalidation,
voiding or
unenforceability,
provided, that
the parties` may in
any event by mutual
consent continue any 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. This Agreement consists of
( ) pages, including the recitals and exhibits., which constitute the
entire' understanding and agreement of the parties.
Exhibit
"V'
Exhibit
"2"
Ekhil it
" 3"
Exhibit
114"
Exhibit
''!'5"
Description of Property;
Sonoma Mountain. Parkway Description;
Participation Schedule;
Schedule of D,evelop:ment Fees.
Affordable, Housing Site,.
Upon completion of performance by the parties or revocation of
this Agreement, a written statement acknowledging completion or revocation
signed by the appropriate agents of the City and Developer shall be
recorded in the Official Records of Sonoma. County, California.
.-23-
ORD.1'7 91 N G
0
9.6 Estoppel, Certificate.
Either party may, at any time, deliver written- '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 either orally or in writing,
and if so amended, identiffying the amendments, and (iii) the requesting
party is not in default in the performance 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 -explaining 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 acknowledgesthat
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 shall
become effective when, and only when, all of-the..following conditions have .
been satisfied,:.
(1)- This _D.evelopment Agreement has-been approved by
resolution or ordinance•.of the. City of Petaluma.
(21) '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=
necessary .under such mechanisms to construct the public improvements
described in Exhibit 2.
9.9 Conflict of Interest.
No member, official 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.
9.10 Non -liability of Developer's Limited Partners.
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 may -become due to the City or successor on any
obligation under the terms of this Agreement.
9.11 Hold Harmless and Indemnification.
Developer hereby agrees to defend, indemnify, save and hold
harmless the City and its elected and appointed representatives, officers,
agents, employees, harmless from claims, costs and liabilities for any
personal injury, death, or .property damages which arises, directly or
indirectly, from the operations performed under this agreement `by.
Developer or D'eveloper's contractors, subcontractors, agents, or
employees, whether such operations are performed by Developer or "`by any
of Developer''s contractors, subcontractors, by any one or more persons
directly, orb indirectly employed by, or acting as agents for Developer or
any of Developer's contractors or subcontractors. Developer shall defend
City -and its elected and appointed representatives, officers, agents and,
-25- ORD.179INCS
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 any 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
BY )C 'I i �. vtl� ByOCf0i
Ci Attorney Ma.y
DEVELOPER
Finance Di recto ' QUAKER HILL BLACKBURN, a
California Gen al Partnership
TEST:- -
By t
Ross�B'ac rn�e,- ;),-- ;_ /
is General Partner
City Clerk
QUAKER HILL DEVELOPMENT
Arthur J..: , ader CORPORATION
E/NE". L PA T 7,,
By �. cam. >/
elmF. Cader Van Nor en Logan/ resi ent
-26- ORR 17 91 N CS
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flii`4 14 '83 14':52 (•IF-IO<AY G �011FE i'-Ri
EXHIBIT A
DESCRIPTION.;
All that certain real property situated in the County of Sonoma,
State of California, described as follows:
PARCEL ONE.:
LYING in Township 5 North, Range 7 West, M. D. B: & M., and
being a portion of Lot 246, Rowels Subdivision of the Petaluma
Rancho and being more particulary described as follows:
.BEGINNING at the most Southerly corner of the Richard L. Crane
property described in Deed recorded in. Book 376 of Deeds, page
;347, Sonoma County Records; thence from said point of beginning
,and along the Southerly .line of said Crane property North 350
16' 30" East 2,014.50 fee-t to •a point marked by an iron pipe on
the Easterly line of Lot 246 aforesaid; thence along said line
North 540`33' Wes,t,` 327.16 feet to a point marked by an iron
.pipe; 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; thence along said line South 54:0 3.3' East 336.61-
feet to. the point of beginning...
A. P. No. 136-120--05
PARCEL TWO:
BEGINNING• o.n the'. Southwe:s:t boundary of Lot 245 of
sPetaluma
Rancho, as p`er C. W.- Rowe's Map of said Rancho, a.t a point
which is '1,0;.'96 'cha,i,ns Zoutheas-terly from. the most Westerly corner
thereof, said point of beginning on the Northeast side of
Ely Road; thence'. South. 540 40' East, along Ely Road 150 feet;
thence leaving said road North 350.301 East, 250 feet; thence
North-.540 40' West, 150 ,feet! ,,thence South 350 30' West, 250 feet
to -the point of beginning.
A: P. No. 136-120-1.8
PARCEL THREES
TRACT •A:
BEGINNING ' on' the Southwesterly boundary . of Lot Number.- 245
of the. Petaluma 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 of t-he County Road; thence along
the Northeasterly side of said.road, being the Southwesterly
Continued
0RD.179INCS
• �I�li1'J .1 1 ' 3`a 1 �! � 5c hiAla<A'� ' SCd°tF5 i 5F.') - . - _
-boundary of said. Lost No. 245,, South 54' 401•-Sast, 5.48 chains;
thence leaving sa d'road, North-35.1/20 East, 30.50 chains to the
Northeasterly boundary of said lot;' thence along the, North-
easterly boundary of said lot N.;o'rth 5.-' 4'0' West, 5.48 chains to
a point which. is 5.48 chains- Southeasterly from the most
Northerly corner thereof; - tKen'ce 'leaving said Northeasterly
boundary, South 35 1/20 West,. 30.50 chains to the place of
beginning. Beinga portion of said Lot Number 245.
TRACT B:
BEGINNING on the. Southwest boundary of Lot 245 of Petaluma
Rancho, as per C'. W. Rowe'.s Map of said Rancho, at a point
which is 10.96 chains Southeasterly -from the most Westerly corner
thereof, said point of beginning on the Northeast side of the
County Road; thence along the Northeast side'of -said road, the
Southwest boundary of said lot, South 54° 40' East, 5.4,8 chains;
thence leaving said Road, North. 35 1/21° East, 30.50' chains to the
Northeast bound.ary of said lot; thence along said Northeast'
boundary, North 540 54' West, 5.48 chains to a point which is
16.96 chains Southeast from the most northerly corner of said
lots and thence leaving said boundary, South 35 1/20 West, 30.50
chains. to the place of beginning. Being a portion of said Lot
No. 2.45.
EXCEPTING THEREFROM the following:
BEGINNING at the most Western corner of Tract B hereinabove
described; thence South 5410 40' East 150 feet; thence North
35" 30' East 25'0� feet;. thence North 540 40' .West 150 feet;
thence South 359 30' West'250 feet to the point of beginning.
A. P. No. 136-120-23
PARCEL FOUR:
BEING a portion of the lands conveyed to Ernest E. Curtis,
et ux, by ' deed recorded February 15, 1950 under Reco'rder's
Serial No. D-696Tp Sonoma County -Records, said portion being
more particularly desc•r-ibed as follows;..
COMMENCING at -the most Westerly corner of Lot No. 2'AS of the
Petaluma. Rancho_, as per C. W. Rowe's map of said Rancho, said
point of commencement being on the northeasterly side of'Ely
Road; thence'.'alon.g said northeasterly side, the southwesterly
boundary of said Lot 245, South-54° 40' East 2,06 feet to the
point of ' beginning of the hexein described parcel; thence
continuing South.540 40' East, and along the. Northeasterly side
of said road,, 155.68 feet to th'e southerly corner of the lands
of said C'u;rti.s�, thence leaving said .road., North 35-1/20 East
Continued
ORD.17 91 N. C S
r, t h, ��.
'Tiov 14 '29 14:53 MACKAY & _OMPS.(3R)
2013, feet to� the. Northeasterly boundary of. said Lot 2451 thence
along said boundary North 54° 461 West 36'1.68 feet 'to the most
Northerly corn:e.r -thereo-f r th'enc.e, leaving the northeasterly
boundary and ., along the nor,thwe,s-ter `y bou;nd-ary of said 'Lot 245
South 35-1/2° 'West, 1017 fe.e:t to a p:oin ,t thence South 540
40.1 East, and para11e with Ely -Road, .206 feet to a point;
thence South 35-T/2:° West 996 feet to the point of beginning.
A. P. No. 136-120-22'
PARCEL FIVE:
AN EASEP9EN'T, for gen,er,al road and utility purposes over the
following:'
6EGINNTVG at the.. most westerly corner of Lot No. 245 of the
Petaluma Rancho,,- as per, C. W. Rowels map of said rancho, said
point of 'beginning being on the nbr be.asterly side of Ely Road;
thence along said northeasterly side, the southwesterly boundary,
of said Lot 2451 South AO 40' Ea:at .25 :feet to a' point' thence
North 35-1/20 East, 996 feet to a pointl thence North 54° 40,
i
West 25 feet to a point on the Northwesterly line of Lot 245;
the'nc.e South 35 hy2° West 996 feet to the -point of beginning.
til;'=
ORS. 7g�NCS
EXHIBIT 2
CORONA-ELY SPECIFIC PLAN
ASSESSMENT DISTRICT
PRELIMINARY SPREAD NO. 5
The major publicimprovementsthat are anticipated to be, constructed by the
Assessment District. within :the Specific Plan.Area.are ilisted below. There may
be other improveme'nisincluded in the Assessment District required by thecity
of. Petaluma which are not"Included in- this preliminary description of work.
A. - Ely Boulevard,and Sonorn'a �Mt. Parkway,
These streets arean-tic.ipated to be constructed per the alignment shown in
th:e Corona -Ely S,pacific, Plan-. from approximately 700 feet ,'.north of
Washingto.ri Street to "North McDowell Boulevard. Ely Road in the county
is presently a straight two-lane country road-. from Corona Road'to the.
present City limits. Ely Bouleva�,d within the city is �presently improved
along its � westerly haIf from the present, city limits at Morning Star
Subdivision to' withi'n 700 feet of Washington Street where .full
improvements
'Ely Boulevard is proposed to be renamed Sonoma Mt.. Parkway and is
shown having two: travel lanes with Class! _I.Ib Bike Lanes and a
landscaped median 'in -the Corona -Ely Specific Plan. Landscaping with
backon treatment along
e nt, 1 'is, anlicipat,ed to be -requi'red. of developers '
Sonoma Mt. Park ": ' di Parkway as part of the subdivision improvements. The typical
section to becbnstructed by the Assessment Mtrict It 52 feet wide from
curb to: curb With a landscaped median in the present 'right. of way or 64
feet,± of right of Way from the Bollinger property to Corona Road.
Ely .Sodfeyardl's anticipated to be construct- ed as two lane collector from
Sorioma Mt.Parkway to Corona Road with curb, gutter, drainage,- water
main, and sanitary ''sewers .in the, existing -8,0100t right-of-way. Walls,
fences, landscaping, ' flghting,* sldewalks-and �,paths, underground utilities
or Corona Creek itnprbvemonts from Ely go.Ulovard to North McDowell
Boulevard would not be, a part of the Assessment District but constructed
with ddVelopmoht.
Page, I Of 2
ORD. 1791 N C S
EXHIBIT 2
B. Sewer Trunks.
A new trunk sewer pipe is necesary toserve the northerly, protiori of the
Specific Plan area to be constructed, from the railroad tracks at Cbrona
Road -in. Corona, -Road` to '80,noma- 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 the
property south of. 'the -junior colleg.0 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.
Q 'Water Mains
A 1,2 inch main exists in Ely Boulevard from Washington
ington Street to. Capri
Creek at the, :northerly city limits. A. new, water main would 'have to be
constructed from the present city - limits -to -the Sonoma County, Water
Agency aquadUct: at: Northwestern Pacific Railroad, tracks, at Corona
Road, in Sonqma Mt. 'Parkway, and a. new water main 7constructed in Ely
Road from. Sonoma Mt. Patkway,to Corona- Road.
Pressure Zone IV work- is not a part of, this Assessment District but is
necessary to serve the east side of Petaluma northeast of Ely Road above
the 60 foot elevation.
D. Creeks and Ordnage-
Construct parallel and lateral drainage . ys . t' within the public street
;sGms
right-of-way including, the Lynch Creek,. Capri Creek, and Corona Creek
cross culverts on Ely. Road and Sonoma Mt. Parkway. Make temporary
open di 1. t1d . h improvements to Corona Creek from Ely Road to McDowell
Boulevard or an. alternative pipe system.. It is assumed that all other
drainage work outside the constructed Ely Road'and..Son.oma Mt.. Parkway
n'ght-of-ways, required as art of the Corona -Ely y Specific Plan will be done
by -developers.
/1'a iz e 2 of 2
ORD�.1sI ors
u
EXHIBIT 3
Par'tici.pation. Schedule
Sonoma Parkway Company 36%
McBail Company 30%
Cherry Lane Associates 11%
Quaker Hill Development Corporation/ 161
Ross Blackburn
B-T-Land Development,, Inc. 7%
TOTAL 10`0 %
I
Prepared By
City.of Potaluma,
Com-muhtly Plannt'ng & Development Dept
febr-uary *7,, 1990
SPECIAL DEVELOPMENTFEES
This booklet is a collection., of general. descriptions of special development
fees imposed on new construction in the City. -of; P.eta:luma.. It is intended to
serve as a general guideline describing when a fee applies.,how it is
calculated, and when it is collected. Each description also includes a
reference .to. ,applicable ordinances:, resolutions„ and Municipal, Code Sections
where more detailed information can be. obtained. This does not include -the
many . general development fees collected as part :of the building and
planning permit process - (i.e. subdivision applicihon, building permits) .
Included are descriptions of the following fees
Sewer Connection
Water Connection
Community Facilities 'Development
Storm Drainage Impact
Dwelling Construction
Park and Recreation 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, 11 English Street, Petaluma, CA. 94952, phone 707/778-4301. .
1 ORD. 17 91 NCS
SEWER CONNECTION FEES
APPLICABILITY:
'Any connection to the public sewer is required to pay a sewer connection
fee.
CALCULATION OF FEE:
'Sewer connection fees are established by resolution of the City Council.
Fees are based upon the classification 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 by 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, 1987
17 91 N C S
2
WATER. CONNECTI'.O.N FEES
APPLICABILITY:
Any .new connection into the City water system must pay a connection fee.
Charges are based, upon the size of the meter, Service charges are applied
when the City taps 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.
Currently, the average single family home_ in a subdivision which installs
water mains and services will pay $1;290.00 minus $325.00 credit for each
6,500 square feet of. lot being served. An individual home built on an
existing parcel and requiring the services of- the City for tapping the main
will pay $1,635.00.
TIME OF PAYMENT -
Water connection fees are paid to the City. Water Department, prior, to
having a water meter set .and service connected'. All fees must be paid
before final occupancy will',be approved by the Building Department.
Municipal Code 15'.0.8
Ordinance #1252
Resolution #921.4 & #88-93
25 April, 1988
3
D..17 91 N C S
COMMUNITY FACILITIES DEVELOPMENT FEES
PURPOSE :
The purpose. of the Community Fa6ilities Development Fee is to collec-t money
for the construction of major public improvements by causing the cost of
construction to be borne by those developments generating the need for the
improvements..
APPLICABILITY:
Construction of a new striictur„e' or, addition. to a. ,non-residential structure,
addition of one or more ,residential dwelling :units. on a developed parcel,
except an accessory dwelling as defined .by the Zoning Ordinance, or
division of land.
CALCULATION OF FEE:
Residential developments are charged $1,315.AD per dwelling unit. The fee
or non-residential development is $18,416.00 per acre for new development,
$1.3 `per square foot for buildng additions. ,
TIME OF PAYMENT:
Fees .are due :and payable .prior to the issuance of a building permit.
Municipal Code .17.14
Ordinance #1311, 1383, 1449, 1469, 1680
Revised 'February 7, 1990
r
4
ORD.17 91 N C S
STORM DRAINAGE IMPACT FEES
.,PURPOSE:
In September 1982,,. the Petaluma City Council, ,established Storm Drainage
Impact, Fees as a m'
p earls ,ofmitigating .storm drainage impacts occurring as a
result of development. The criteria established provides for either the
payment of fees or the construction of on or off -site detention areas, based
upon the type of project. Fees collected are, used by . the City for the
acquisition, expansion, and -development 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 runoffof two -acre
feet or less are required to pay fees.
Commercial and industrial projects have, the option of `either paying. fees or
providing on or off -site ;detention areas equal to .the calculated increase in
runoff.
CALCULATION OF THE .FEE:
Runoff Com utation:
The increase in _ runoff .created by a. given, project is calculated for a
100-year storm, utilizing runoff coefficients ased 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:
Commercialilndustrial, projects pay a fee of $30_;,0,00 per acre foot of
additional rung The amount of incremental runoff created is directly
linked to the amount of landscaping provided. The, maximum fee 'possible is
$9,000per acre of, .land.. This' would apply to is project'. with 20% or, less
landscaping c A project, with. 25% ' landscaping can, expect a fee of $6, 75'0 per
.acre, 30% would pay, $6;,300 per acre, and so on..
Residential projects, pay a fee of $15,00.0 per acre foot of additional runoff.
Incremental runoff is; dependent upon the' density of a project ,arid the
amount of" ,tan' dscaping and open space provided.. A high ,density project
with < 20% 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 ORD..791 NCS
P
TIME �OF 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 17.3'0
Ordinance #1530,1547
Resolution #9564, 95'65 , 051 .
June 2, 1986
OF. 17 91 N L S
6
1
DWELLING CO,NSTRUC,TION FEE '
PURPOSE:
Often referred to as the "bedroom tax," this . fee provides funds for
expansion of park -and recreational facilities.
APPLICABILITY:
Every dwelling unit. constructed in -the city, ,except where a subdivision of
real property is involved (see Park and Recreation Land. Improvements
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 instead.
AMOUNT AMOUNT OF FEE:
For projects of four units or less on a single "parcel of land, the amount of
fee is °based upon. the. number of bedrooms in the *'dwelling unit.. A studio
or one . bedroom unit pays $12'0.00. An; additional $60.00 is collected for
each 'additional bedroom, up to. a maximum of .$240.00.
The, fee for projects consisting of five or more: units will . be calculated in
the same manner as. the ,Park and Recreation Land, 'Impro:vemeni Fee (page
8) . Mobile home project fees are, calculated in the same manner, assuming
1.80 persons per dwelling unit.
TIME OF PAYMENT
Dwelling construction fees are paid. prior' to issuance of a building permit,
or prior to the issuance of +a grading or public �mprovement permit for a
mobile home park.
Municipal Code 17,.12
Ordinance #932, 1074, 1383
Revised 'December 5, 1988
7
ORD. 17 91 N. C S
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 and any
project which exceeds four dwelling units on .a single parcel 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 Units Per Persons Per. Park Land Acres Per
Gross Acre Dwelling Unit Dwelling Unit
Up to 6.5 3.18 .0159
6.6 to 10.5 1.90 .0095
10.6 to 25.5 1.80 .0090
D
The; cost of land and improvements is currently set at $169,35.0 per acre.
A typical single family project ,with -a density of up to 6.5 -units per acre
will pay $2 , 692.66 per unit:. Projects with a density of 6.6 to 10.5 units
per acre pay $1,608..82 ' per unit, and those with density . of 1E6 to 25.5
.units per acre pay $1 524.A5 ,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 COMPLIANCE -
This ordinance -also provides for crediting projects- that dedicate an_d-
improve designated public park sites.
TIME O.F :PAYMENT: .
Park and recreation land improvement.- fees are computed for the total
project at .the time .final or parcel map -i's approved, and collected on a
pro -rats basis prior to issuance of building permits, for each housing unit.
Municipal Code 20.34
Ordinance #1352'
May 15, 1989
8 ORD. 1791 N C S
SCHOOL FACILITIES; FEE
PURPOSE:
The purpose of the •"School. Facilities Fee;/Dedication Ordinance" is to
provide ' a method for providing sites and/or 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, 'Districts.
CALCULATION OF FEE:
The School Facilities. Fee 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
$1,201.00 per unit*
$ 1.5'0/sq.ft.*.
$ 1.1.5/sq. ft.
*
$ 1.50/sq. ft.*
$ .25/sq. ft.
*
$ .2.5/isq.ft.*
TIME OF PAYMENT
School facilities. fee is paid prior to issuance of :a building permit.
Fees are. paid • dire Ictl.y to the School District Office of the District in
which the project is located. A Certificate of Compliance, form is
available at the City Building Deparment
Municipal Code 17.28
Ordinance 4'1377 ,; 1512
Resolutions 484-165, 85-183, 85-184,, 87-7, 87-25
Revised December 5, 198'8
9
ORD. 17.91 N C
IN -LIEU FEES FOR'PROVISION OF.` VERY . LO;W,
LOW AND MODERATE INCOME 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 Plan which states:
"Program (12). Developers of. planned residential developments 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 providing affordable
housing,, shall be offered to the City."
The City will use. thel fees collected for various programs 'to assist in the
provision of low and very low income housing opportunities .in Petaluma.
APPLICABILITY
This.
This policy applies to residential developments with .5 units or more.
CALCULATIONOF FEE
Fees are' calculated based upon a schedule .adopted by resolution of the City
Council (Resolution' 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 FOR COMPLIANCE
Payment of in -lieu fees is- one of several options available for meeting the
requirements for low income housing. Other options include but are not
limited to provision of 8-15% of the units for rental or sale at prices
affordable to* very low, 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 are -collected on .behalf of the City of Petaluma at the time the
escrow is closed on the sale of each lot 'or residential unit. A recorded
agreement establishes terms of payment.
3n}7-Ra;-}98.5
May 23', 1988
e
10 ORD. 17 91 N C
IN -.LIEU
HOUSING FEE CHART
Sales `Price. Lot and- House.
Fee
Under $75 , 000
0
$. 75 , 000• - $79, 999 ..
$ 150
per
unit
$ 80`, 00.0 - $84, 999
240,
per.
unit
$ 85,000 - ,$89, 999
.42-5
per
unit
$ 90, 000 - $94, 999
90'0
per
unit
$ 95,000 - $99,999
1,42;5.•per
unit
$100,000 - $104,999-
2,000
per
unite
$105,000 - $109,999.
2,100
per
unit
$110106,0. - $114, 999 '
2, 2.00
per
unit
$115,000 - $119,999
2;300
per
unit
$120 , 00:0 - Over
2 , 40'0
per
unit
23 May 1988
special. development. fees /pd9
N
U
1i ORD-1'791NC�