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HomeMy WebLinkAboutOrdinance 1792 N.C.S. 02/20/1990'} ~ '.., ,.~ ~ Lx j ~! d y ORDINANCE NO. 1792 N.C.S. Introduced by: Lvnn Woolsey Seconded by: AN ORDINANCE OF THE CITY OF PETALUMA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND SONOMA PARKWAY COMPANY FOR THE DEVELOPMENT KNOWN AS SONOMA GATEWAY (APN 137-060-01) 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 Sonoma Parkwa~pa~v 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 1792 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 February 1990, by the following vote. AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES : 0 ABSENT : Tencex i` Mayor City Clep,~~ ~~.~ C,LERK~ ord. Sonoma. gatewy/ resol3 Ord. 1792 NCS 2 of 2 1 ~ ..... L l' (~OG~~G~~Cr~~~ `~~ D:EVELOI'MENT AGREEMENT BY AND BETWEEN CITY OF PETALUMA AND SONOMA PARKWAY COMPANY FOR THE DEVELOPMENT KNOWN AS SONOMA GATEWAY APN 137-060-01 This Development Agreement is entered -into this ~ clay of 1990, by and between SONOI~IA PARKWAY COMPANY, 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. R F('TT D T.Q • 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 sue. o,f 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 applican"t'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 114.4 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 N . C . S . the Corona./ Ely Specific Plan ("Specific Plan") which sets out in ~/ ~~?~' -1- -is detail the type and density of development within the area- controlled by public improvements, circulation, and other requirements for development. - D.- On May 1, 1;989 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, 1.989 the. City Council, b.v Resolution 89-122 N.C.S., certified as adequate and complete under the California Environmental Quality Act and adopted the Final Environrriental 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 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 plannned residential district totaling 95 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) -2- • years, beyond which additional envirorimen'tal 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 set 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 in turn eliminate uncertainty • in planning for ands 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 se.~.) 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. • -3- 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 ahe 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 o~rdninance approving this Development Agreement and shall continue until ~' 1 \ `~~ ~,a-, 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-s a ,public improvements, and other terms and conditions of development applicable to the Property as set forth in: -4- ~~R~.~7~2NCS (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 thin Development Agreement shall not be affected by any subsequent ordinance, resolution, policy, plan, or rule the effect of which would limit 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) 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 moratorium adopted >;y 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. he City prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans,. maps, or • roved b the Cit this A reement shall be modified, extended, permits app y y, g -5- or, suspended as .ma`y be necessary 'to comply with such State or Federal laws or regulation-s or the regulations of such 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 inforce and effect as of the date of the application. (e) Codes, ordinances, anal regulat-ions 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. failure, delay, or inability of the other .p;arty to act, {~9) the failure, delay or inability of the City after request by Developer to holed 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 set 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- _ as soon as possible after Elie delay" h•as . 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 :D.eve'lopment Agreement. 3.1.2 Conditions of App'royal.. ~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 b,y 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 thi"s Agreement a~n•d 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 ter-ms and pr-ovisions set forth in Section 3.2:.5 of this Agreement. 3.1.4 Pay=Off Assessments. Developer agrees to 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 J '~ ~ ~~ 1~ Ir•4 t~' -7- • 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 mechanism(s) to ensure acquisition of sites and construction of additional school .facilities to meet the needs o~f 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 i,t 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 Cherry Lane Associates and Delco Builders and Developers., Developer shall, at:the time the first. final map for the development is' approved by th'e City Council, .offer by grant deed or dedication a portion of Developer's property which shall total at least five (5) acres., exclusive ofpublic dedications. Frontage improvements and utilities. to serve the parcel shall be installed by . Developer. The parcel. shall be ,from property owned by Sonoma Gateway.. 2. Developer shall work. with the City of Petaluma to identify a nonprofit corporation• to construct on .the parcel no less than eitht'y-three (8:3,) `units of affordable housing for.. rent and/or for sale. 3. Th. e general location of the parcel. shall be as . shown on the map, attached to this Agreement as Exhibit "5!! , .Development of the housing described above shall give due consideration to the CoronalEly Specific. Plan. Units constructed under this paragraph- not . .r _8_ .~. otherwise exempt from procuring al otr'nen'ts 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- s ments 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 th'e Housing `Element of the Petaluma .General Plan regar-ding 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 ser-ve the parcel,, Developer shall b,e deemed to have satisfied any .obligation i't may have to~ pay in-lieu fees pursuant to City: of Petaluma Resolution 8'4-199 N.C:;S.. and an,y 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 ~ constru;ct~on of the Project, including but not limited to, approval. of development plans, tentative and final maps.., and design review -9_ for individual phases of the Project, and issuance of all necessary grading, land improvement, and building permits. Gity~agrees to exercise ,. its discretion in corm°ection 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 agr-ees . 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 assessment spread formula for the Sonoma. Mountain Parkway Asse"ssment 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 Participation Schedule set for-th in Exhibit 3,, regardless whetYier 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, whichever is greater. 3.2.3 Water Pr,,essure Zone IV. (a) City agrees. to 'develop Water Pressure Zone 4 to serve those. properties in the Corona/Ely Spe"cifi'c Plan Area east of Sonoma Mountain Parkway.. 'City further agrees to pay for the design and construction of 'Water Pressure: Zone 4, to begin construction at the earliest possible date; an,d to have the system operable ,in 1990. (-b) Developer agrees to pay water connection fees in effect city-wide at the' time of development. ~~~. ~. °~ -10- i.1 (c) City agrees to' permit development. 'of properties affected by limitations in water pressure until cons,truetion ~ o.f Water Pressure Zone 4' is completed, provided an interim water s~ys.tem 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 Lig itirig 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 1972,.. 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 ' 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; ari_riual .basis according to the following schedules: . 19'9.0 75 1994 153 ' 1991 103 1995 15 1992 ~ 112 1996 . -0- 1993 142 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 ~~ year-to-year over the term of this .Agreement:., not to exceed the total allotments 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 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 quasi-governmental agencies (such as public utilities or utility districts) . 3.3 Operating Memoranda. " (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 appropriate, 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 A reemerit. The. City's Planning Director g -12- may enter into. such operating memorandum on behalf of the City. ~Nhether 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 ALLOTMENTS AND CONSTRUCTION OF UNITS 4.1 Special -Rules Regarding Allotments and Construction bf 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 1,00 0 of 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 -13- ~~ 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 iri effect on the date of thin 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 ($1,5.00,000.00) as an up-front contribution toward the Corona/Ely offsite traffic. improvements. ~ City agrees D`eve,loper shall receive adollar-for-dollar credit against its obligation for traffic mitigation fees from .said One and One-Half .Million Dollar ($1, 500 , 000.00) fund received from the Sonoma ~Mounta~in Parkway • Assessment District in the same percentage reflected in the Participation Schedule attached as Exhibit 3 to this. Agreement. An accounting of ~, 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". Thee 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 Agi Bement 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 i . cure, at its'. option initiate legal proceedings and/or give notice of intent to terminate the Development Agreement per Government Code Section 65868. -15- _ _.. ~~ Following such notice of "intei't to terminate, the matter .shall be scheduled for consideration ari~d .review by the City Coun~ciL within 30 days in the manner set forth in Government Code Sections 65865, 6586.7, and' 68868.. 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 shah not waive any default' nor a,riy rights or remedies or deprive either such:. party of its xight to institute anal 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 ~n, t"he 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 terms, covenants anal .conditions of this Development Agreement at least once every twelve (12) months, at which t"ime the .Developer, or any successor or successors in interest thereto, may be required to demonstrate good faith ~eompliance with the terms of this Development A,gree.ment., 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 substan;tial evidence, finds that the Developer has not complied in good -16- l 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 re ated -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 perfe°cted 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.. b.2.3 Referral to Cit y 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 i<t. At the hearing, Developer shall ;be entitled to submit evidence and 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 determine's on the basis of •substantial evidence the Developer has :not complied `in good faith wi'tli '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 reasona`b e time for Developer to meet the terms of compliance, which time shaYl be not less `than thirty (30') days and; shall be reasonably related - to .the time riecess°ary to bring Developer's performance into good faith complia-nce with the terms of this Agreement. If the areas of -17- , (,.) noncompliance specified 'by the City Council are not perfected within the reasonable time limits prescribed iri the City Council's written notice, then the City Council ma,y, 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 apoint-by-point. basis' 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 couri_sel fees of the City anal 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 ariy or all damages which may result to Developer b,y 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 ariy action or proceeding to enforce or interpret the provisions of this pevelopment Agreement, #he; City shall, and hereby • 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- ~, .~ `~' 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 th.e 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 o"r 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 ,foreclosur-e, 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 .. H'o:wever; Mortgagee shal'1 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 th'i's 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 ' address for service, then City shall, deliver to ,l~lortga_gee-, at the same time as ,service to Developer, any notice . given:; :to. Developer with respect to any claim by City that- Developer liar committed an event of, default. If City makes a determination of rioncompfiiance, 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 . A=rticle 8 TRANSFERS AND ASSIGN,M?ENTS 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 sha1T the rights, duties and obligations .conferred upon Developer pursuant to this Agreement be at any time transferred or a"ssgned except through a transfer of Developer's 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 af.te.r the effec-five date of such transfer (i) if Developer is not then in default un-.der thi's 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- ., a, • Code of the State off Califor-nia : Each. coverian"ts 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, (ii) runs with the properties;,.. and (iii.) binds each party and each. successive owner during its ownersh"p of the properties or any portion of them, and each person or entity. having any interest derived. in an'y manner 'through any owner of the properties, or any portion of them, .and (iv) shall benefit • each - art and its +roperty under this Agreement, any successor. P Y P -21- C~~~~.17 92 N C~ set forth and (B), the transferee expressly and unconditionally assumes all of . the obligations ~ of Developer under this. . Agr-Bement pertaining ao the Property or the po-rtion transferred. ~ Fai~lure~ to deliver awrit-ten ' 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; modify, or otherwise affect the liability of any..transferee under this Agreement. 8.3 Covenants Run With The )land. A11 of the provisions, agreements, rights, powers, standards, terms, covenants, and ,obligations contained in this Agreemena shall bind the parties arid. their respective heirs,. successors (by merger, consolida- tion, or otherwise) and assigns, devisees, administrators, 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 manner wliatsoeeer, acid shall inure to the benefit, of the parties and their respective heirs, successors (b~y merger, consolidation or otherwise) and. assigns. All of the provisions of this A~gr.eement shall' be enforceable as , equitable servitudes and constitute covenants-running with the land pursuant to applicable law, including., but not limited. to, Section 146$' 'of the Civil II~ Article 9 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 sl'all 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,. in:clu-ding 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 ma'y change its address for notices by giving notice in writing to the other party. City: City 'M:anager • • City ofPetaluma 11 English Street Petaluma, California 94952 . Developer: Jackson ,Street Partners 4 Embarcade,ro Center, #362.0 San Francisco, 'California 94111 -22= 9.3 No Joint Venture or PartnersYi Nothing contained in this Deve'lopment' ..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 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 forty-four (44:) pages, including the recitals and. exhibits, which constitute the entire understandi Exhibit Exhibit Exhibit Exhibit Exhibit n g,' and nln~ ,n.2 u u,3 n ir4 ii ii5n agreement of :the parties ._ Description of Property; Sonoma Mountain Parkway Description; Participation Schedule; . Schedule of Development .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- ~ ~.~. ~ d ~ ~ N G ~ 9.6 = ,Estoppel Certificate.. Either party may, at any aime,, 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, identifying the amendments, .and (iii) the requesting parfy 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 acknowledges that a certificate ~• may be relied upon. by transferees and Mortgagees. 9.7 Construction. This Agreemen and Fits Exhibits shall be construed as a whole according.to their' commo"n meaning and not strictly for or against any party.. 9.8 Conditions. The terms andobligations of this Development Agreement shall :become effective when, and only when, all of the following conditions have been satisfied: (°1) This. Development Agreement has been approved by resolution or ordinance of the City of Petaluma. (~2) Tlie 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 th.e 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 Nom-<liabi-lity 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) ernp ogee 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 '4 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 peveloper's contractors, subcontractors, agents, or employees; whether- such operations are performed by Developer or by any of Developer's contractors, subeontr.actors:, by, any one or more peraons directly or 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 ~~~.17 9 2 ~N C S -25'- r employees from acfions 'for such per"sori;al, inj'ttry, death or property damage which is caused or alleged. to have been ~ca.use'd 6.y reason of Dev.eloper'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 agreesr to anal shall. save, defend, and hold harmless the ~ City from any an,d. all claims, costs an,d liability `arising out of a legal action brought against the Ci y which challenges any portion of the development agreement. • Executed the day and year first written above. Approved as,:_to-Farm-:_ CI-TY OF ,P-~ETALUMA "~~ ~ A Munc al Corporatio B B City' Attorney -' ~ - M; DEVELOPER ~~ SONOMA PARKWAY COMPANY, gal California General Partnership • By: Sonoma Gateway Associates, L. P., By: Cherry Lane Associates, L. P, a a California Limited Partnership California Limited Partnership By: Ely Corona Corporation, a California By: rD~e`leo Builders & :Developers, Corpora. ` Its General Partner Inc. , a California Corporation. /, f l . Its General. Partner 2 I~ /QD B __ 2 ~ ~ BY ~. Y Lis ,ayne, Secretary Doy e Heaton, resident development ;agrmt 1 Prt~~ed ~ . PLAN.2 _.. .. -~... Finance Of#i /AucSit~6_ ,,;, ~ < <<~ ~ ~ ~--~G~ty~Clerk ~d ~ ~. { ' ,<~~. si J .=S /a ~.. l T. ~Y~-.t ~• ~ ,,~ ~, ~~~ .f . ~. ~:~= " ..~~~I®L L ~ 1 i L ` ~ - DES:CR.xF,TION . . , , Order IVo.. ttf 1 6t3_p The hind ha:re,i,n rei`e~rrcd try' 3c~ oitua~~red in Gh;e~ Stata of Ga'1iPdr,nS.`a,: County ref Sonoma, ar~_d j.e described i~o folln:ws.'a r rieing ~a portion Af r,h'e "`P:ota,~.uma Ranr,.ho", ~~ ci.r~~crlbczd ~u~nn z man of o<~7.d Rancho ma_Gie Uy Rawr Flr°or`h.r~zo. ao hr~t N»tnher 9qq, contAln;ng 80 gc.rc~. A1ep G0 a'crc-~ o;f'f of ~ t,h~s Wc~ot~r. iy ord nf. . Lot, Rurnbex 2]Q 1n ~ :Pnraale.logram fortn, A.e;ing :fin aJa 14,0 r~r,r~~, more, ar leos, and bc~dng the ae~me land rorwcyed to Mi.ch~e.l. K~n~tr~h by John Caztoft and C". Ga.i.toft, hls wi f'©, by dee6 Q~a.tPd June 5, 1a8.8,~ and recorded Jana G, 1.888, 1n V'a1. 113 of n~,~d~, p~,~c~ ;~~,3, Ranoma County Record,t3,' SavJ ng and oxaepting the"rctrr.;m .i.,~- scree ..CO:nveyed ro Frank. H, Denman by "Michael Ke.o,ugh and- Elizabeth ~Kc~ugh, h s w,;••f.e, by dr.ed daterd January 5, 7'J0'8, And record ed.J'anur,ry ~, a905, Sn L3bc~r 21~ oP Ac~cda, nape 190, ;Sonoma County ftec~rde, Also eav3ng and exce,pt:~ntJ thPrefr,otR 10 a:r;re~: conveyed tQ RJchsrd Drawn by Michael I<rouq;h by deed dated ltpr.l,,1, ~1G, 190?. s,nd recnrd~arl Apr.i 1 16, 1907 in" Liber 238 of Deede, P89;~' 410, Sonoma County RecQ,rda , " • A1ao. except.in~ t.h'erefsc~m r.:ha{ part.on c~onv~yrd to PPtPr n, Bcli•incJCr and M,icha~l J, aol;l.in cr In deed 're.cord~d Ae'cemhPr 2?., 9 196'6 in Book 2246, nags, 451, Q~fic,.i.a1 R`~cOrde, A,~P. No, ; 137--Q6p-01 "- . 'EXHIDIT 1 . _ , ~• , EXHIBIT 2 G~RO.NA-ELY SPECIFIC :PLAN ASSESSMENT D'iSTRICT PRELIMINARY SPREAD NQ. The major public improvements that are anticipated to be constructed by the Assessment District witfiin the° Specific Plan Araa are listed below. There may be other improv~emenis included in fho Ass©ssment; District required by the City of Petaluma which are not included in thin preliminary description of work. A. Ely Boulevard andSonoma NIt.~Parizway These streets are anticipated to be consfructetl per t'lia alignment shown in the Corona-Ely Specific Pian ~ from approximately 70.0 fe©t north of Washington 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 Boulevard within the city is presently improved • - along its westerly half from ha present. city imits at Morning Star - Subdivision to~, within 700 feot of Washington Street where .full `improvements exist: Ely Boulevard is proposed fo be renamed. Sonoma Mt. Parkway and is shown having two travel- lanes with Class- lib Bike Lanes and a landscaped median in the Corona=Ely Specific E'`lan. Landscaping with bacScon treatrnent~ 'is .ant'icipated to be required of developers along Sonoma Mt. °Parkway as .part of the subdivision improvements. The typical section to be constCUCted by the /~ssQSsment District 'is ~2 fe:et wide from curb to curb with a landscaped median in the present right of way or 6d feet ± of right of way from the Bollinger property to Corona Road. EIy Boulevard is anticipat©d to be construcfied as a two .lane call©ctor from Sonoma Mt, Parkway to Corona Raad with curb, gutter, drainage; water main, and sanitary'sewers in the existing 80 ~f.oot~right-of-way. Walls, fences,, landscaping, lighting, sidewalks aril paths, underground utilities or Corona Creek- improvements from Ely Boulevard to North McDowell ~-_~_~: Boulevard would not .be a part of the Assessment District but co~struct~d with. development, • Page 1 ciL 2 ~~ EXH'IB'IT' 2 B. Sewer Trucks A new trunk sewer pipe is necesary to serve- tho northerly pration of the Specific Plan' area. to be constructed from the. railroad tracks at Corona Road in Corona Road to Sonoma Mt. Parkway and in Sonoma ~~tt. Parkway to the future junior college site. The southerly portion of the Specific Plan area above,Ely Road from the property south of th'e. Junior college site to Ly.~nch Creek would be served by a new trunk sewer extended northerly and southerly in Eiy Eovlevard from the presently stubbed 12 inch sewer at Rainier Avenue. G. Water Rains A 12 inch main .:exists in Ely Boulevard from Washington Stree to Capri Creek at the no,rfheriy city limits. Anew Ovater main would have to be constructed from. the present city limits: to the Sonoma County Water Agency aqueduct at the _f~orthwestern Pacific Railroad tracks at Corona Road, in Sonoma Mt. Parkway, and a new water main constructed in Ely Road from Sonoma Mt. Parkway to Corona Road. Pressure Zone IV work is not a: part of this Assessment District but is necessary to serve tf~e east sIde~ of Petaluma northeast of Ely Road above the 60 foot elevation. D. Creeks and Drainage Construct Paratfel and lateral drainage systems within the public street right-of-way including the Lynch Creek, Capri Creek, and Corona Creek cross culxerts on Ely Road and Sonoma Mt. Parkway. Make temporary open ditch improve,msnts to Corona Creak from Ely Road to McDowell Boulevard or an alternative pipe system. It .is assumed that al'I other drainage work outside the const`ructe,d Ely Road sand Sonoma Mt.. Parkway right-of-ways. required~as part of'the Corona-Ely ~Speci:flc Plan wi11 be done by developers. • ~~e 2 of Z B.l~. 17 92 N C S EXHLBIT 3 ; Partici`patiori Schedule Sonoma Parkway Company 36% McBail Company 30% Cherry Lane Associates 11% Quaker Hi11 Development Corporation/ 16% Ross Blackburn B-T Land Development, Inc. 7% TOTAL ~ 1000 • ~ ,~~uii SPECIAL DEVELOPMENT FEES ~~~'~ Prepared. By ' ~ City of Pefalurrct Com,m~un ty Planning & Development Dept. .february 7, 199Q I• If. SPECIAL DEVEL.OiPMENT FEES • -• This booklet ~ is a collection of, general descri`p~tions of .special development fees imposed on ne,w construction in the Gity of Petaluma. It. is-intended to serve as a general guideline describiri,g w-hen• a, .fee applies, how it is calculated, and when it is collected. ,Each description also includes a reference to applicable ordinances, resolu;tions,- 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 application, building permits) . Include"d are descriptions of the following fees: Sewer Connection Water Gonneetion . 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 " ~~ SEWER. CO~NNEGTION FEES APPLICABILITY: Any connection to t'he 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:..resdential; non-residential, excluding industrial; ;and, industrial. Residential users. pay $2,550.00 per unit (Accessor,y D,wel~ing $1,,OOU;00).• Non-.residential (excluding industrial) users pay a fee' based- upon the number of fixtures in'stalled,, . $2 , 5`50.00 minimum. Indus rial .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 .con_necting the sewer, .Municipal .Code 15.44 - 1.5.7.7 Ordinance #1543 Resolution #114 . April 2.7, 1987 • 2 ~~~~ .17 92 N C S WATE"R CONNECTION FEES APPLICABILITY: Any ne.w connection in o the City. water system,.,must pay a connection fee. Charges are based upon the ,size of th'e • meter:. Service charges are applied when the City taps the main for the connection and, installs the. service-and the meter box. A •$32'5.00 credit ma,y be :applied when water mains and ` services are constructed and financed by t'he developer (15.08.040) . CALCULATION OF FEE: Water connection fees are established by resolution of the City. Council. Currently, the average singe family home in a subdivision which installs water mains and services will pay $1,290.00 minus ,$`325.Q0 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 wily 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' connectedr All fees must be paid before final occupancy will be approved by the Building Department. Municipal Code 15.08 Ordinance #1252. Resolution #9:214 & #8'8-93 25 .April, 1988 3 ~I COMMUNITY FACILITIES D'EV~ELOPMENT FEES PURPOSE: The purpose of .the Community Facilities Development Fee is to collect 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 c Construction of a new structure 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. CA~LCULATIO,N OF -FEE: Residers ial developments are charged $1,315.OQ per ..dwelling unit. The fee for non-residential .developmeri"t is $18,4.16.00 per acre .for new development, $1.3 per square oot for builidng 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, 199.0 4 STORM DRAINAGE IMPACT FEES: PURPOSE In September 1982, the Petaluma City Counci-1 established Storm brainage Impact Fees as .a means of mitigating 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 b.y the City for the acquisition., expansion, and development of stor..m drainage improvements . APPLICABILITY: This ordinance applies to all commercial, industrial, and residential projects . OPTIONS FOR COMPL'IA_N'CE: Residential projects' which create an increase in normal runoff exceeding two-acre feet may, as determined liy 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 industria'1 projects. have the .option.. of eit-her paying fees or providing on or off=_ste detention areas equal' to the calculated increase in runoff . CALCULATION OF THE FLEE: Runoff Com utation.: T e increase in ;r,unoffi created by a given project ~•i; 100-year storm, utilizing runoff coefficients based .upon vegetated area to :impervious surfaces, and expressed in coefficients are based upon the type of use, slope of 'the of vegetation coverage. ,calculated. for a the proportion of acre-feet. Runoff land, 'and percent Commercial/Industrial. projects pay a~ fee o:f $30,000. per acre foot of a ditiona runo .. .The amount of incremental' `runoff .created is. directly linked to~ the amount of landscaping, provided;. The maximum fe.e. possible is $9,000. per acre of land. This would. apply to a~ project with°20$ or less. landscaping,. 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 paay a. fee of $15 , 00,0 per acre foot of additional. runoff . Incr`emen'tal runoff is dependent upon the. density of . a project and the . amoun of landscaping' anal open space.. provided. A high density project wi h 2.0$ or less area in landscaping cou'Td expect ,to ,pay $'4,5'00 per acre. Atypical detached single family subdivision would pay approximately $1,500 p.er acre , 5 TIME O.F PAYMENT Flood mitigation fees for comm,ereial 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 17.30 Ordinance #1530,1547 Resolution #9564, 9565., 9751 June 2, 1986 • 6 .>~ DWELLING CONSTRUCTION FEE PURPOSE: O,,ften' referred to as the "bedroom tax," this fee provides funds; for expansion of park and recreational facilities., APPLICABILITY `Every dwelling unit constructed in the cfy, 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 OF FEE: For pr-o~ects 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 $120.00. An additional $60.00 is collected for each additional bedroom., up. to a -maximum of $240 :00. The fee forprojects consisting of five or more units will be calculated in the same manner asp the Park and Recreation. Land .Improvement F'ee (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, improvement permit for a mobile home park. Municipal. Code 1'7.,.12 Ordinance #932, 1074, 1383 Revised December 5, 1988 7 PAR-K AND R`ECRE'ATION ~LA'.N,D IM~PROUEMENTS FEE • PURPOSE: The purpose of the Park and; Recreation :Land Improvements ,Fee is. to provide funds for the acquisifori,, developmen and improvement of neighborhood and community park and recreation .facilities. APPLICABILITY : Any residential projeca w.hich~ involves the subdivision of land and any project which exceeds -four d'welling.units on a single parcel of land'. . CALCULATION O.F FEE: The amount of fee is based !up_on 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. T,he 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 The cost of land and improvements is currently set at $T69,3'S0 per acre. A typical single family p"roject with a density of up to 6.5 units per acre will pay $2 , b92 ,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 10.6 to 2.5.5 units per . acre pay ,$1,5 24.15 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 COMPLIANCE: ; This: ordinance also ...provides for improve designated public park sites. crediting projects that dedicate and TIME OF PAYMENT :. Park and :recreation land .improvement fees.. are computed ,for _ the tobal .. project at the time final or parcel map is ap""proved, and collected on a pro-rata ,basis prior to issuance of building permits for each housing unit. Municipal ~ Code 20.34 Ordinance #13:5.2 May 15 , 1989 8 1 L- '~5 PURPOSE: The purpose of the '"School Facilities. 'Fee/Dedication Ordinance" is to provide a method fore. providing srtea .:and/or' financing interim school facilities necessitated:. b:y new residential` developments causing conditions of overcrowding. APPLICABILITY • SCHOOL FACLLITIES.` FEF, A- school facilities fee must be` paid far 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 Waugfi Dis ricts. CALCULATION OF FEE: ' The School Facilities . Fee is set by resolution of, the City Council. The ~' following fees apply to each school: Residential Cinnabar $1,, 201.0:0 per 'uriit* Old Adobe $ 1.50./sq~.ft.'* Petaluma $ 1.15 /sq. ft. Waugh ~ $ 1.50../sq..ft.* Non-Residential Old Adobe $ .25/sq.:ft.* Waugh $ .25/sq.ft.* TIME OF PAYMENT School facilities fee ~is paid prior to i ssuance of a: building permit. . * Fees are paid directly to the School D'istri'ct Office of the District in which the project :is located. A Certificate of Compliance form is available at the Gity Building Deparment. Municipal Code 17,.28 Ordinance #1377, 1512.. Resolutions #84-165, 85-18.3, 85-184, 87-7, 87-25. Revised December 5, 1988 • 9 i ` r~, ~~ IN-LIEU FEES FOR PROVISION OF VERY LOW, LOW AND MODERATE INCOME HOUSING PURPOSE The purpose of the In-Lieu Fee is to provide an option for developers to comply with Program 12 (iii) of the Housing Chapter of the 1987-2005 Petaluma General Plan which states "Program (12) Developers of planned res;denti`al developments of 5 or more units sha1T provide 10-15$ of their units as' affordable in one. of the following ways:... (iii) An in-l:eti .fee, related to the cost of providing affordable housing, , ~ shall . t5e offered to the City." The City will use. the. fe_ es collected for varous..programs to assist in the provision of low and very low income housing opportunities in Petaluma. APPLICABILITY This policy applies to residential developments with 5 units or more. CALCULATION OF 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 . O;fher op ions 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 unite. A recorded agreement establishes terms of payment. • 3u}p-~~;=}985 . May 23, 1988 10 ;,:ri: -` IN-LIEU HOUSLN~G FEE CHART Sales Price Lot and House Under $75,000 $ 75,000 - $79,999 $ 80,000 - $84,999 $ 85,000 - $89,999 $ 90,0.00 - $94.,999 $ 95,000 - $99.,999 $100,000 - $104,999 $105,000 - $109,999 $110,000 - $114,999 $115,000 - $119,999 $120,000 -Over 23 May 1988 special.development .fees /pd9 11 Fee 0 $ 150 per unit 240 per unit 42,5 per unit 9.00 per unit 1, 425 per unit 2 , 000 per unit 2 ,100 per unit 2,20Q .per unit 2 , 300 per unit 2, 400 per unit rw.w ~••~T.' ~~ -~--•-• {, may} _ _ Y' -1 .. ~ ~ a. ,~ ,,-!- ,- Urba Separataf -` ~` , Q ~ . .,.~ l ~T• ~. Q • .• cr .~ ~ ~ 7 p,creS ` ,, : ' o •~ ~ .~ _. - - ;t ,star . h scho.0~ - ~lcbart~'rtmnd~ed' :. .~. =~ ,,.,7 Acres ~ IJp to '~ O~f~A~ : '~ t r~ .U~D.a~n;~Aarato i. „~ . L.. ~ ~ ~ r } ~ _____ ~s -- ~ .- t l~ ,: ,. r ~ 9 :~~ - - .. '_ ~ Perk , . -: -., _ ~~ ~:{ ~ r ~~ _ _ ~: .•~ .' fA N :. , c` A 1 Fat ~ r ~ ~.. - .• 1 ~. :~~ ~ ~ l ~ a~ t ` ., M ~. [, ~` •~ `n, • .. _ 2 M ,..~•.~.mr . . .. ~. 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