HomeMy WebLinkAboutOrdinance 1792 N.C.S. 02/20/1990b-$5
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Introduced by:
Lynn Woolsey
ORDINANCE NO. 1792 N.C.S.
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 Parkway Company 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
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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
i`
Mayor
ord . sonoma . gatewy / reso13
City C1ep,UTY CITY, CLERK.
Ord. 1792 NCS
2 of 2
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DEVELOPMENT 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 SONOMA 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.
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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 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 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/
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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, 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, 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 assessment 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 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)
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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 set forth in the Development Agreement Ordinance.
I. Development of the Property in accordance with the terms and
conditions of this Development Agreement willassure 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 and' securing orderly development of the Property, secure
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installation of necessary improvements, provide for public services appropri-
ate to each stage of development of the Project, and otherwise achieve the
goalsand purposes for which the Development Agreement Statute (Government
Code Section 65865 et sew.) 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.
all
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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 Agreement expires, is cancelled. or is terminated per the
provisions herein.-
1. 2 Term.
The term of this Development -Agreement shall commence upon the
effective date of the ordinance approving this Development Agreement and
shall continue until 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 -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, 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 Standardswhich 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 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 City prevent or preclude compliance wi.th one or more
provisions of this Agreement or require changes in plans, maps, or
• roved b the City, this Agreement shall be modified, extended,
permits approved y y, g
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or, suspended as .may be necessary 'to comply with such State or Federal
laws or regulation-s or the regulations of such other governmental
jurisdictions.
(d) Ex,cept 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 force 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 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
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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 Approyal.. 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 thi's Agreement and the Corona/Ely Specific Plan
and EIR. In return for Developer participation in the Assessment District,
City agrees to grant Developer residential allotments according to the
terms and provisions set forth in Section 3.2,.5 of this Agreement.
3.1.4 Pay' -Off Assessments. Developer agrees to pay-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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• 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 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 Cherry Lane Associates and
Delco Builders and Developers, 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 shall total at
least five (5) acres, exclusive of -public dedications. Frontage
improvements and utilities fo serve the parcel shall be installed by
Developer. The parcel_ ishall 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
eithty-three (8:3) units of affordable housing for.. rent and/or for sale.
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
Corona/Ely Specific. Plan. Units constructed under this paragraph not
otherwise exempt from procuring allotfnen'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-
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 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 i S.. and, any successor to that
Resolution.
(,c,) Construction 'of the affordable housing shall
be performed by ,the City of Petaluma or its designee, includingdeveloper,
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;ction of the Project, including but not limited to,
approval of development plans, tentative and final maps, and design review
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for individual phases of the Project, and issuance of all necessary
grading, land improvement, and building permits. 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
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
Participation
Schedule
set forth. in
Exhibit
3,, regardless whether
they are owners of the
property at the time of repayment. The. Benefit Fee district shall remain
in effect for the same length of time as the maturity of the assessment
district bonds or twenty years, whichever is 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 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.
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CAP(c) City agrees to permit development. ,of properties affected by
limitations in water pressure until construction -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 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- annual .basis
according to
the following
schedules:
. 10.0
75
1994
153
1991
103
1995
15
1992
'112
1996.
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1-993
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
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oil 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 Agreement. The City's Planning Director
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ORD.j792NC.S
may enter intosuch operating memorandum 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 ALLOTMENTS 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 1,00 % 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
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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-wi,de basis. City acknowledges it will
receive from the Sonoma Mountain Parkway Assessment District the sum .of
One and One -Half Million Dollars ($1,500,000.00) as an up -front
contribution toward the Corona/Ely offsite traffic 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 , 000.00) 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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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.
Following such notice of "intent to terminate, the matter shall be scheduled
for consideration and .review by the City CounciJ 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 shall not waive any default nor 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 terms, 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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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 related -to the time necessary to bring Developer's
performance into good faith compliance with the terms' of this Agreement.
If the areas of :noncompliance specified by the Planning Director are not
perfected with the reasonable time limits prescribed by the Planning
Director, or if Developer contests the Planning Director's determination,
the matter shall-
be referred
to
the
City Council.
6.2.3
Referral
to
City
Council. If thematter 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 ,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 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 recess°ary to bring Developer's performance into good faith
compliance with the terms of this Agreement. If the areas of
(.) noncompliance specified 'by the City Council are not perfected within the
reasonable time limits prescribed ift 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 a point -by -point. basison. 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
law,
and the City shall not urge
or be heard to
urge in,
any such action
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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 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 ,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
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
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
after the effective date of such transfer (i)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-
0
set
forth and (B),
the transferee expressly
and unconditionally assumes all
of
the obligations
of Developer under this
Agreement pertaining .to the
Property or
the portion transferred. -
Failure to deliver
a writ -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
All of the provisions, agreements, rights, powers, standards,
terms, covenants, and ,obligations contained in this Agreement shall bind
the parties, and. their respective heirs,. successors (by merger, consolida-
tion, or otherwise) 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 whatsoever, and shall inure to the benefit, of the parties and their
respective heirs, successors (by merger, consolidation or otherwise) and.
assigns. All of the provisions of this Agreement 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, (.i) runs with
the properties,,.. and (iii.) binds each party and each. successive owner
during its. ownership of the properties or any portion of them, and each
person or entity. having any interest derived, in any manner through any
owner of the properties, or any portion of them, .and (iv) shall benefit
• each - art and its property under this Agreement, any successor.
-party
-21- C�. 17 9 2 N C
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 shall 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
11 English Street
Petaluma, California 94952
Developer: Jackson ,Street Partners
4 Embarcadero Center, #3620
San Francisco, 'California 94111
-22=
9.3 No Joint Venture or Partnersh
Nothing contained in 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 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 understanding,' and agreement of the parties._.
Exhibit "1" Description of Property;
Exhibit " 2" Sonoma Mountain Parkway Description;
Exhibit. "3" Participation Schedule;
Exhibit "A" Schedule of Development Fees.
Exhibit "5" 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-�. 1 d 9 2 N CS
(lei 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, identifying 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 acknowledges that a certificate
• may be relied upon by transferees and Mortgagees.
9.7 Construction.
This Agreement and its Exhibits shall be construed as a whole
according.to their common meaning and not strictly for or against any
party.
9.8 Conditions.
The terms and obligations of this Development Agreement 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) The property has been annexed to the City of Petaluma.
(3)
is
The
City of Petaluma has
adopted the
financing mechanisms
recommended.
in the
Financing Plan and
has actually
obtained, the funding
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necessary under such mechanisms. to construct the public improvements
described in Ekhibit 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
'4
• 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 Developer'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 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
ORD. 17 9 2 N C S
-25'-
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employees from actions 'for such personal, injury, death or property damage
which is caused or alleged. to have been caused b.y reason of Developer's
activities in connection with the project site.
9.12 Legal 'Challenges.
In -the event of any legal or equitable -act, ac-tion, 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 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 as,:_to—Form-:_ CITY OF ,P�TALUMA
A Munic al Corporatio
W
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: be`lco Builders & Developers,
CoIm-pay-yie-,
Its General Partner Inc., a California Corporation.
Its General Partner
B BYyLis, Secretary Doy e Heaton_, resident
iw
development agrmt 1 Proved
PLAN.2
3/15/90
Finanbe Of#i /A'I'Q�6_ < _NQitySplerk
Order No..a615a_p
DEs:CR.xF,TION
The land he:re,i,n rei`e,rred'to* in oituate-d in
Gh;e State of Callfor,rti.`cf County of Sonoma,
ar,_d is described i%o folln:ws.'a
r
tieing a portion of the 11'P:ota,).uma Rancho", 'Als dWacrIbed "upon a man Of 0441A Rancho ma_Gie by Rovia Fir,or`haro. as Lot Number Pqq,
containing 80 acres A'Ico 60 a'c;rr--j d.f'f of - t,h�s Ranter. iy ord nf.
Lot, Number 250 1n a. :nnraa le.logram fortn, A,e;ing an all a 4,0 rcr,r�s,
more.or leas, and hc�ing the acme land ronveycd to Mi.chae.l. Kr-nijgh
by 18John Caltoft and C. Ca,ltoft, his wi f'e,
by deed dated June 5,
8.8, and recorded June a, 1.888, 1n- Vol. 113 of D"Mcle, 353,
Ronoma County Record'G.,
SavJng and oxaepting therefrom .15-scree conveyed to Frank. H,
Denman by -Michael Ke.o,ugli and Elizabeth 'Kr:ough., his w1f.e, by dr.ed
dat0d January 5, 100'a, and- recorded. J'anur,ry 9, 3905, in Ll'bc-r, 21-6
of Deeds, page 1901 ;Sonoma county Recorde,
Mao caving and exceptano thP'refr.om 10 a,r;res: conveyed to RJchard
Drown by Michael Xeo.1 ;h by dried dated Aprl..1, 16, 1 907. and record4d
Apr 1 -2 6, 2907 in. Libar 236 of Deeds,
Records, 410, Sonoma County
• A1ao, excepting t.h,orefrom that port .o,n aon'veyed to Peter n,
9
Bel i JncJCr and M,ichael J aol;l.in er in deed 're.cordod December 2?.,
1966 in Book 2246, page, 451, 0ffic,i.a1 R`�corde
A.T. No.: 137--060-01
'EXHIBIT 1
EXHIBIT 2
CORONA-ELY SPECIFIC PLAN
ASSESSMENT DISTRICT
PRELIMINARY SPREAD NO. 5
The major public improvements that are anticipated to be constructed by the
Assessment District within the, Specific Plan Area are listed below. There may
be other improvements included in the Assessment;. District required by the City
of Petaluma which are not included in this preliminarydescription of work.
A. Ely Boulevard and Sonoma Mt. Parkway
These streets are anticipated to be donstructed per the alignment shown in
the Corona -Ely Specific Ptan - from approximately 70.0 feet 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 the present. city limits at Morning Star
Subdivision to-, within 700 feet of Washington Street where .full
`improvements exist.
Ely Boulevard is proposed to be renamed Sonoma Mt. Parkway and is
shown having two travel- lanes with Class- Ilb Bike Lanes and a
landscaped median in the Corona. -Ely Specific Plan. Landscaping with
backon treatment, 'is .anficipated to be required of developers along
Sonoma Mt' 'Parkway as part of the subdivision improvements. The typical
section to be constructed by the Assessment District is 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 Boulevard is anticipated to be constructed as a two lane collector from
Sonoma Mt. Parkway to Corona Road with curb,, gutter, drainage; water
main, and sanitary" sewers in the existing 80 f.00t' right-of-way. Walls,
fences, landscaping, lighting, sidewalks and 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'
structd
with. development.
Page 1 Of 2
•
EXH'IB'IT2
B. Sewer Trunks
A new trunk sewer pipe is necesary to serve- the northerly praticn 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 �At.
Parkway to the future junior college -site.
The southerly portion of the Specific Plan area abcve,Ely Road from the
property south of the junior college site to Lynch Creek would be served
by a new trunk sewer extended northerly and southerly in Ely Boulevard
from the presently stubbed 12 inch sewer at Rainier Avenue.
Q Water Mains
A 12 inch main :exists in Ely Boulevard from Washington 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 the _Northwestern 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 the east side& of Petaluma northeast of Ely Road above
the 60 foot elevation.
D. Creeks and Drainage
Construct parallel and lateral drainage systems within the public street
right-of-way including the Lynch Creek, Capri Creek, and Corona -Crook
cross culverts on Ely Road and Sonoma Mt. Parkway. Make temporary
open ditch improvor ents to Corona Creek from Ely Road. to McDowell
Boulevard or an alternative pipe system. It is assumed that all other
drainage work outside the const`ructe,d Ely Road',,and Sonoma Mt.. Parkway
right-of-ways, required -as part of the Corona -Ely 'Speci.fic Plan will be done
by developers.
Tye 2 of 2
ORL. 17 92 N C S
EXHIBIT 3
Partici`patiori Schedule
Sonoma Parkway Company 36%
McBail Company 30%
Cherry Lane Associates 11%
Quaker Hill Development Corporation/ 16%
Ross Blackburn
B-T Land Development, Inc. 7%
TOTAL 100%
SPECIAL D- EVELOPMENT - FEES
X-.
Prepared By
City of Petalurria
CO mmunIty Planning & Development Dept
Jebruary 7, 1990
I Em
Lm'clivial La M-1-1
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SPECIAL DEVELOPMENT FEES
This booklet -is a collection of, general descriptions of .special development
fees imposed on new construction in the City of Petaluma. 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, 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) .
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
o�792NCS
1
SEWER CONNEC:TION 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; ;and, 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 in'stalled,, . $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 - 15.77
Ordinance #1543
Resolution #114
April 2.7, 1987
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92NCS
bRO�.17
WATER CONNECTION FEES
APPLICABILITY:
Any new connection into 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 $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.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
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, connectedr All fees must be paid
before final occupancy will be approved by the Building Department.
Municipal Code 15.08
Ordinance #1252.
Resolution #9214 & #8'8-93
25 April, 1988
3
COMMUNITY FACILITIES DEVELOPMENT FEES
PURPOSE:
The purpose of .the Community Facilities Development Fee is to collect money
for the construction of majorpublic improvements by causing the cost of
construction to be borne by those developments, generating the need for the
improvements.
APPLICABILITY:
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.
CALCULATION OF -FEE:
Residential developments are charged $1,315.00. per _dwelling unit. The fee
for non-residential .developmen"t is $18,416.00 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, 1990
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STORM DRAINAGE IMPACT FEES.
PURPOSE:
In September 198'2, the Petaluma City Council established Storm Drainage
Impact. Fees as .a means of mitigating storm drainage impacts occurring as a
result of development.
eveloment. The criteria established provides for either the
paymentof fees or,, the construction of on or off: --site detention areas, based
upon Ahe 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 COMPLIA_N'CE:
Residential projects' which create an increase in normal runoff exceeding
two -acre feet may, as 'determined by the City Engineer, either provide on
or off -site detention equal to the calculated, increase, or pay fees.
Residential projects which create an increase in normal runoff of two -acre
feet or less are required to pay fees.
Commercial and industrial 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 Computation,:
-T a increase in ;runoff created by a given project !
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
additional rttno . The amount of incremental' `runoff .created is. directly
linked to, the amount of landscaping provided;. The maximum fee. 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 $6,750 per
acre, 30% would pay $6,300 per acre, and so on. -
Residential projects pay a, fee of $15 , 00,0 per acre foot of additional. runoff.
Incremental runoff is dependent upon the density of . a project and the.
amount of landscapingand open space provided. A high density project
with 2.0$' 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
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 17.30
Ordinance 41530,1547
Resolution #9564,9565,97,51
June 2, 1986
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DWELLING CONSTRUCTION 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 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 $120.00. 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 asp the Park and Recreation Land Improvement 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. improvement permit for a
mobile home park.
Municipal. Code 17.12
Ordinance 4932, 1074, 1383
Revised December 5, 1988
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PARK AND RECRE'ATION' LA ,D IMF ROUEMENTS 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 FEE:
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
The cost of land and improvements is currently set at $169,3'50 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 $1,608-8Z
per unit., and
those with 'density of 10.6 to 2.5.5
units per.
acre pay ,$1.,524.15
per unit.
Projects. which exceed; four units on
a single parcel of land.
use 1..8 ,persons per unit as a basis for calculating
fees.
OPTIONS FOR COMPLIANCE:
This: ordinance also . provides for
improve designated public park sites.
crediting projects that dedicate and
TIME OFPAYMENT:.
Park and recreation land improvement fees.. are computed . for _ the total
'Project at the time final or parcel map is approved, and collected on a
-pro-rats ,basis prior to issuance of building permits for each housing unit.
Municipal ' Code 20.34
Ordinance 4135.2
May 15, 1989
8
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SCHOOL FACILITIES.` FEF,
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
$1, 201.00 per 'unit*
Old Adobe
$
1.501sq'.ft.'*
Petaluma
$
1.15/sq.ft. *
Waugh
$
1.50/sq..ft.*
Non -Residential
Old Adobe
$
.25/sq.:ft.*
Waugh
$
.2'5/sq.ft.*
TIME OF PAYMENT:
School facilities fee -is
paid prior to issuance
of a, building permit.
* Fees are paid directly 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 IT.28
Ordinance #1377, 1512.
Resolutions #84-165, 85-183, 85-184, 87-7, 87-25.
Revised December 5, 1988
9
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 resident i`al developments of 5 or
more units shall provide 10-15% of their units as affordable in one of
the following ways:...
(iii) An in-li:eti fee, related to the cost of providing affordable
housing, , shall be offered to the City."
The City will use. the fees collected for various. .ptograms 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 'COM.PLIANCE
Payment of in -lieu fees is one of several options availablefor 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.
May 23, M8
10
i
IN -LIEU HOUSING 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 - $991999
$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
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 , 2 6
.per
unit
2,300
per
unit
2, 400
per
unit
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