HomeMy WebLinkAboutOrdinance 1787 N.C.S. 02/20/19904
MAR 2 2 1990
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ORDINANCE NO. 1787 N . C . S. =~' ~ ~,?
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Introduced by: Seconded by:
Vice Mayor Brian Sobel John Balshaw
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND BENJAMIN-TUXHORN & ASSOCIATES FOR THE DEVELOPMENT KNOWN AS
WATERFORD OAK (APN 136-120-09 and 10)
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
Beniamin-Tuxhorn & Associates 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.
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Ord. 1787 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
ord. Waterford / corona
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• DEVELOPMENT AGREEMENT BY AND BETWEEN
-. CITY OF PETA.LUMA AND B-T LAND DEVELOPMENT, INC.
FOR THE DEVELOPMENT K".NOWN AS
WATERFORD. OAK.
• - APN' 1.36-120-09 and 10
This' D:e.velopment Agreement is entered into -this 1~ day of
1990, ~by and between B-T LAND DEVELOPMENT,
INC. , (the "Developer") and THE CITY OF PETALUMA, a municipal
corporation (the "City") pursuant to the authority of Sections 65864
through 6586.9.5 of the. Gov`er.nment Code.
RF("TTAT.~
A. In order to trengthen 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 6.5''864 et seg. •of the Government Code '("Development Agreement
. L"egislation") 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-
. merit 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 33.4 acres of real property described in.
Exhibit 1 attached. to this agreement '(the "Property").
• C. On fi4ay 1', 1989 the City adopted by Resolution' No. 89-124
,
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) which sets out in
Specific Plan
N.C.S. the Corona/Ely Specific Plan (
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detail the type and density of development'. within the area controlled by
public improvements, circulation, and other requirements for development.
D„ On May 1, 1989 the City adopted Resolution No. 89-125 N.C.S.
(the "Financing P1ari") 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 alarge-:scale, phased development
("Project") generally described as follows : a p°lannned residential district
totaling `115 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 .anncual 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 heave an effective life. of seven .(7)
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years, beyond which additional erivironmental: review may be required by
the City..
' 4. The approvals ,and development ,policies described above
shall. be refer-red to in -this agreement as the "Existin.g Approvals."
H;..• City and Developer have taken a11- actions mandated by and
fulfilled all "requirements set forth in the Development Agreement Ordinance.
I. Development of the. Property in accor,dance• 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 anal Specific Plan.
J. F.or the reasons recited herein, the City -anal the Developer have
determined that the Project is a development for which this Development
Agreement is appropriate. This Agreement will i~ri turn eliminate uncertainty
• in Tannin ~ for and securin orderl deve"~lo ment. of the Pro ert 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
goals and purposes for which the Development Agreement Statute (Government
Code Section 6,58b5 et ,sec :) 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 implemen~taaon is in the best interest of the City and the health,
safety, and welfare of its residents.
. •
1 ~.
AGREEMENT
NOW, THEREFORE, it is agreed by the City- and Developer as follows:
Article 1
ROPERTY 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 un,ti ~,, 1997 ('7 years) unless extended or
earlier terminated as .provided herein.
Article 2
DEVELOPMENT OF` THE. PROPERTY
2.1 Established Development Standards.
The perrrmitted 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 Approva-1 as ;adopted by the City
Council incorporated .into this Agreement by amendment.
2, 2 Rules, Regulations an:d 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 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
anal 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 t'h'e City prevent or preclude compliance with one or more
provisions. of thus, Agreement. or require changes in plans, maps, or
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permits approved by the City, this Agreement. shall be modified, extended,
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or suspended as may be necessary to comply .with such State or FederaF .
laws or regulations or the regulations •of, "sucfi, other governmental
jurisdic"tions.
d') Except as provided for specific fees elsewhere in this
Development Agreement, all applications for City approvals, permits, and
entitlements shall be subject to development and processing fees and taxes
within the control of the City which are in force and effect as of the date
of the application.
(e) Codes, ordinances, and r.egulati'ons. relating to construction
.standards or permits. shall apply as of the time of 'g=rant 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..
Tn :addition to provisions of this Agreement, either party's
performance shall be excused during ariy 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 party to act, (9) the failure, delay' or i°nability of the City after
request by Deyel'oper to hold hearings necessary to take actions necessary
for the purpose of acquiring property for the. construction of roadways or
other offsite public facilities required by the Specific Plan, Financing Plan,
• or the. plan. iset 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
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
OB,LIGATIOIVS OF THE PARTIES
3.1 Developer.
3.1.1. Development of the Property . Developer agrees that
development of the Property shall conform in all material respects to all- the
terms, covenants, and requirements of this Development Agreement.
3.1.2 Conditions of Approval. In addition to the general
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all Conditions of Project Approval adopted by the City and incorporated
obligations described in this Agreement, Developer agrees to comply with
into this Agreement by amendment at the time all approvals are complete.
3.1.3 ,Assessment District. Developer agrees to join in the
formation of an, assessment district to acquire right-of-way for and
construct Sonoma Mountain Parkway and associated improvements as
described- in Exhibit 2 to this Agreement. and the Corona/Ely Specific Plan
and EIR. In return for Developer participation in the Assessment District,
City agrees. to ..grant Developer residential allotments according to the
terms and provisions set forth in Section 3.2.5 of this Agreement.
3.1.4 Pay-Off Assessments. Developer agrees to_pay-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 a"sc"row'. 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
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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 t'he 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 r-e'quirements 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 Quaker Hill Blackburn,
Arthur Corder and Selma Corder, Developer shall, at the time the first final
map for 'the development is approved by ,the City Council, offer by grant
deed or ~:d'edication a portion of Developer's property which',, when combined
with the property of Quaker H,i11 Development Corporation, Ross
Blackburn, Arthur Corder and Selma Corder shall total at least two and a
half (;2~) acres, .excPusive of public dedications.. Frontage improvements
and .utilities to. serve the parcel. shall be installed by .Developer.
2. Developer shall. work with the Gity of Petaluma to
identify a nonprofit corporation to construct on the parce'1 no less than
twenty-eight (28) unit ~townYiouse development for sale as affordable
housing . :Developer shall have the option to deliver complete- units
(turnkey) to the City or to anon-profit :corporation the City selects.
3'.. The general location of the parcel shall be as
shown ~on the map attached to this Agreement as Exhibit "5". Development
ORS. ~. `~' ~ `d l~ ~; ~
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of the housing described ,above shall give dine consideration to the
Corona/Ely Specific Plan. ~Unifs constructed under•`ths' paragraph not
otherwise exempt from procurin';g allotments pursuant to the Residential
Growth, Management Ordinance shall count, against .the; allotments assigned
• ~ to the ,Property pursuant to paragraph 3.2.5 of this Agreement. Allot-
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 corisiderati'on 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 g~uaran.teed 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 pro.vidin,g affordable housing.
(b) Upon the transfer of the parcel to the City
of Petaluma, and complet"ion (or guaranteed completion) of frontage and
utility improvements to serve the parcel, Developer 'shall be deemed to
have satisfied any obligation it may heave to pa'y in-lieu fees pursuant to
City of Petaluma Resolution 84-199 N . C . S . and any successor to that
Resolution .
' (c) Corisfruction of the affordable housing shall
be performed by the City of Petaluma or its designee.
3.2 City.
3.2.1 City's Good Faith .In 'Processing. City and Developer
acknowledge that additional permits .and. approvals are required from the -
' City before construction of ,the Project, including but not limited to,
_ approval of development :plans, tentative and final maps, and design review
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 a't 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 6e 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, accor--ding 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 TV.
(a) City ,agrees to develop Water Pressure Zone 4 to .serve
those proper-ties in the Corona%`Ely Specific Plan Area east of Sonoma .
Mountairi~Parkway. City further agrees to pay for the desgn..and
~construetion of Water Pressure Zone 4, to begin construction at the earliest
possib e date, and to have the system operable in 1990.
(b) Developer agrees to pay water connection fees in ,effect
-city-wide at t'he time of development-. -
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(c)~ City agrees to permit de~~elopriment 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
ep riod 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 maintenanceassessment 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
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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/El.y ..Specific Plan area which develop .after or are annexed after the
creation of the landscaping .and lighting as"sessment district to annex to
said district as a condition of development approval...
.3.2.5 Allotments . City agrees to grant Developer allotments
on an annual basis according to the following schedules:
1990 45
1991 44
1992 6
1994 -0-
1995 -0-
.1996 -0-
1993 -0-
Developer shall be exempt from the allotment forfeiture provisions as set
forth in Chapter 17.2b of the Petaluma Municipal Code (the. Residential
Growth Management Ordinance) and may accumulate unused allotments from
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. year-to-year over the term of this A greement, not to exceed the total
allotments for the entire ;Pr.ojeca. Iri .' any yea"r 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 allotrnen 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 fhe 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 flex"iblity rega"rding details of the Project which are no;t '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 shal"1 require no prior notice or hearing. nor
constitute an amendment to. this Agreement. The City s Planning Director
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~~ may ender into such operating memorandum on behalf of the City. Whether
to enter an operating memorandum shall b.e optional with the parties.
(b) Terms contained within this agreement may be amended from
time to time by the mutual consent of fhe 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 100$° of the allotted units -for that particular year plus
50$ 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) 'I,f 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 tak_ a .place so long as such transfer conforms with the Established
..
DeveTopmen Standards. An acknowledgment of division o.f allotments shall
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 pxojee:t 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 deve opment fees shall. be the amount determined from
• ~ time to time by the City Council for application to the City as a whole. A
schedule of the fees in effect on the date of this Agreement is attached as
Exhibit 4 to this Agreement. City may increase existing fees or impose
fees in addition. to those in Exhibit 4 (including anticipated new traffic
impact feees) so long as, and only if, those fees are normally required to
be paid by developments on a city-wide basis. City acknowledges it will
receive from the Sonoma Mountain Parkway Assessment District the sum of
One.. and One-Half Million Dollars ($1, 500 , 00,0..,00) as an up-front
contribution toward the Corona:/Ely offsite. traffic improvements. City
agrees D,ev~eloper shall receive adollar-for-dollar credit against.; its
.obligation fore traffic mitigation fees from said One and One-Half Million
Dollar ($'1,,50:O,Q00.00) fund received from the Sonoma Mountain Parkway
Ass.essme,nt District' in the same percentage reflected1 in the Participation
Schedule attached as Exhibit 3 to this Agreemen=t. 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 . Spe-cfc Plan Fee
Developer agrees to pay Corona/Ely Specific Plan fee as
authorized by Government Code Section 65.456(a) and. to be established by
the City Council. •. City agrees to credit nitial_ 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. consen 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 eonsen,t "in writing, if a party' defaults u'nder' 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 .no ice of intent to
• terminate the Development Agreement per Government Code Section 65`868.
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Following such notice of intent to terminate, the. matter sfiall be scheduled
for consideration and-.review by the City' Council within 30 days in the
manner set forth in Government Code 'Sections- 65865, 65867, and 68868.
Failure or ~de'I'ay 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 eit-her party in asserting any of its rights or remedies
as to any default shall not waive any default or any rights or remedies or
deprive either such. party of, its right to institute and maintain any actions
or 'proceedings which it may deem necessary .to protec 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.
b~.2 Annual Review.
6.2.1 Annual Review. The City shall review compliance with
the terrims, 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
Agreemenrt. Developer shall within 30 day's after demand b'y the Planning
Director provide. a letter to the Planning` Director setting forth Developer's
good 'faith compliance and p:r:oyide 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 liar not complied in good
-16-
faith with 'the terms of this Agreement, he shall specify in writing to
Developer t'he details not in compliance within thirty (30) days after the
date the Developers 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.
Lf 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,ao City Council. If the matter is referred to
• the City Council, the. City Council shall schedule a hearing on the referral
,not earlier than thirty (3.0.) days after the. matter is referred to it. At the
hearing, Developer shall be entitled to submit evidence anal address all the
issues raised in the notice of noncompliance.. The Developer's evidence
may be in writing or may be taken orally at the hearing before the City
Council, or both. If, after receipt of any written response of Developer,
and after considering' all of ahe evidence at such. public hearing, the City
Council- finds and determines on the basis of substantial evidence the
Developer has not complied in ;good faith with the terms and conditions of
this. Agreement., then. the City Council shall specify to Developer in writing
the details iii 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) day's' and. shal•1 be reasonably related
• to ahe time necessary to bring Developer's performance into good faith
compliance with the -terms of this Agreement. If the areas of
~RD.1`78'a'NCS
-17-
noncomp fiance specified by the City Council are not.. `perfected within the
reasonable time limits prescribed in the City Council's written notice, then
the City Council may, after a public hearing held after at least fifteen ,
(15) days written notice to .Developer, declare a default pursuant to
paragraph 6.1 above. A n'otiee of determination of noncompliance to
Developer shall specify in detail the grounds .and. all facts demonstrating
noncompliance. ao that Developer may address the issues raised in the
notice of noncompliance on a point-by-point basis on any referral to the
City Councia.
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 s-hall. 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 .
T:,he parties acknowledge it is and will be impossible. to measure
in money an,y 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 on its successors or assigns.
shall ins 'tute any action or proceeding to enforce or interpret the
. provisions of th.i Development Agreement, the City shall, and hereby
• ~ .doe"s, 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 the date this Development
Agreement is recorded, including the .lien of any deed of trust or mortgage
(~"Mortgage") . Notwithstanding the foregoing, no breach of this Agreement
shall defeat, render invalid, diminish, or impair the lien of any Mortgage
made in .good .faith and 'for value, but all of the terms and conditions
• contained in this Agreement shall bind any person or entity, including any
deed of trust beneficiary or mortgagee (".Mortgagee") , who acquired title
to the Property or .any portion of it by foreclosure, trustee's sale, deed in
lieu of foreclosure, or otherwise.
7.2 Mortgagee Not Obligated.
Notwithstanding the provisions of 'Section 9.1 above, no Mortgagee
shall have any obligation or duty under this Agreement to construct or
complete the construction of improvements or to guarantee construction or
co.mplet"ion. However, Mortgagee shall not. be entitled. to devote the Property
to any uses or to construct any improvements on it other than those uses
or improvements provided for or authorized. by this Agreement.
7.3 Notice of Default to Mortgagee.
If City receives notice from a Mortgagee requesting a copy of
any notice of default given Developer under this Agreement specifying the
-19-
addres's for service, then Cify shall deliver to Mortgagee, at the same time
as service to Developer, any notice given. to Developer wi~t'h respect to any
claim by Ci y 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 shaII have th'e 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 noncornpliarice set' forth in the City's
notice .
Article 8
TRANSFERS AND ASSIGNIyI:ENTS
8.1 Right to Assign.
Developer shal'1 have t`he right to sell., assign or transfer this
Agreement and all of its rights, duties, .anal 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 (') if Developer is not then in
default under Phis Agreement, (ii) Developer •has provided to City notice
• of such tr"ansfer, and (iii) the transferee executes and delivers to City a
written -agreement in which (A) the name. 'arid address of the transferee is
-20-
a
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 written
assumption agreement shall not, affect any covenants in this Agreement
which run with the land, as provided in Section 8.3 below, nor shall such.
failure negate, modify, or otherwise affect the liability of a.ny transferee
under this Agreement.
8.3 _Covenants Run With The Land .
• All of the provisions, agreements,,. xights, powers, standards,
terms, covenants, amd~ 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 `soiree -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) bind`s each party and each successive. owner
during its ownership of" the properties or any portion of them, and each
pe"rson 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 party and its property under this Agreement, any successor.
~ ~~ ~~ ~~
L ~~• w~
• -21-
Article 9
GENERAL PROVI'STON'S
9.1 Project is a Private Undertaking.
TYe development contemplated by this ,Development Agreement is
a private development. The City has no interest in the Project and no
responsibility for or dufy 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 arises from the Devehper's operations under this
Agreement;, excepting suits and actions. brought by th•e Developer. for
• default of this A reement or arisin from the• negligence or willful
g g
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: B-T Land Development, Inc.
Post Office Box 4258
Santa Rosa:., California 95402
•
~~~,• .17 ~7 N CS~
-22-
9.3 No Joint Venture. or ,Partnership.
Nothing contained in this Development Agreement or in any
document executed in connection with this De-velopment Agreement shall be
construed as making City an'd' Developer joint venturers or partners.
9.4 Severability.
If any term, provision, covenant, or Condit-ion of this
Agreement. is held by a court of competent jurisdiction to be invalid, void
or unenforceab'le;, 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
une.nforceability, 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
Ex-hibi#
Exhibit
Exhibit
ng and
irLu
n2n
n3n
non
n5ii
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 acknowledg-ng completion or revocation
signed by the appropriate agents of the City and Developer shall be
• recorded in the O#fcal Records of Sonoma County, California..
-23-
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 stricfly..fore 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 sat'sfie;d:
(1) This Development Agreement has been appxoved by
resolution or ordinance of the City of Petaluma.
(2.) The property has been annexed to the City of .Petaluma.
• (3') The City of Petaluma has adopted the financing mechanisms
re.'commen'ded in the Financing Plan and has actually .obtained the funding
. ~~~< ~ ~' 8'71V C ~ -
-. ~ -24-
j
necessar under such mechanisms to construct the public improvements
Y
described in Exhibit 2.
9.9 Conflict of Interest.
No member, official or employee of the City shall make or
participate 'in any decision relating to the Agreement which affects his or
her personal interest, the interest of any family member, or the interests
of any corporation., partnership or association in which he is directly or
indirectly interest.
9.10 Non-liability of Developer's Limited Partners.
No (i) limited partner of the Developer, ~ (ii) officer, director,
shareholder or partner of Developer's general partner, or (iii) employee or
.. agent of either Developer or its general partner shall be personally liable
to the City in the event of any default or breach by the Developer or for
any amount which may become due to the City or successor on any.
obligation under the terms of,this Agreement.
9.11 Hold :Harmless and Indemnification.
Developer hereby agrees to defend, indemnify, save and hold
harmless the -City and its elected and appoi_rrted 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
employees' from actions for such personal injury, death or property damage
which is caused or alleged to have been caused by reason of Developer's
activities in connection with the project site.
-9.12 Legal Challenges.
In the event of any legal or equitable act, action, or other
proceeding instituted by a third. party, other governmental entity or
official challenging the validity of any provision of this agreement, the
parties hereby agree to cooperate in defending said action or proceeding.
. Developer agrees to and. s°hall save, defend, 'and hold harmless the City
from any and all claims, costs and liability arising out of alegal~action
brought against the City which- challenges any portion of the development
agreement.
Executed the day and year first written above..
CITY OF PETALUMA ~
~U
®.
Appr~ed
deve;lopmnt agrmt 1
PLAN2 - ,,, ;-
. ~ . Pittance Officer/A ~~
-26-
Approved as to Form:
' .='? TUE 1 1 t 4~ E•EN~Ti-1M I N-TUXHGFcN & AS~.OC P ~i
,~~, North m~ric.an Title Connpany .
.~
I:,
'.~I. Eenjamin-Tuxhorn ark AssoCi3tes Inc,
Ely Bled, property in Petaltm~a. ~ CA
THE LAND REF;ERRE:D 2,0 HBR:EI~d IS SITUAxED IP1 TH$ STATP OF CALIPORNIA,
COUNTY OF SONOI~4A, CITY Oh IINIHCORPORATBD, AND x5 DESCRIBED AS FOLLOFas:
PARCEL ONE:
BEGINNING ON THE S:OUTHWESTERLY'BOUNDARY OF LOT N0. 245 OF THE PETALUMA
RANCHO, AS PER,'C,W. ROW'S MAP OF SAIb RANCHO, AT A POINT WHICH I5
1•q.96. CHAII3:S NORTHWAST$RLY FROM THE MOST SOUTHERLY CORNER THEREOF,
SAID POINT O,F BEG.ZNNING B°ETNG ON THE NORTHEASTERLY SIDE OF THE COUNTY
ROAD AS THE SAME,EXx'STED Oil AUGAST,29, 190?; :THENCE ALONG THE
NORTHEASTERLY :SLDE. OF S_AYD ROAD, THE S:OUTHWES:T£RLY HOUND'ARY OF SAID
LOT, NORTH 54 ° 4Q..' WEST 5.48 CHAINS+; THENCE L.~AVzNG THE SAID ROAD, .
NORTH 35~-1/2° EAST; 30.50 CHAINS TO THE NORTHEASTERLY BOUNDARY 0~' SAID
LOT; THENCE~;ALONG THE NORTHEASTERLY BOUNDARY OF SAID .LOT, SOUTH 54°
40' EAST', ~b.48 CHAINS TO A POINT WHICH IS: 10.96 CHAINS NORTHWESTERLY
r'1ZOM THE MOST EA`5TERLY CORNER 'THEREOF; AND T~iENCE LEAVING SAID BOUNDARY
SOUTH 3'S-1/2° WE$'T, '30.5:0 CHAINS TO THE PT,ACE OF BEGZNNIFG.
PARCEL TWO:
BEGINNING ON THE SOUTHWESTERLY.AOUNDARY OF LOT NO. 245 OF THE PETALUMA
' RAN:GHO AS PER,.C.W: ROWE'S MAP OF SAID RANCHO, AT A POINT WHICH Y.S. b.48
CHAINS.NQRTHW~ESTERIY FROM THE MOST SOUTHERLY CORNER' THEREOF, SAID POINT
OF BEGINNING `BEING QN T•HE NORTHEASTERLY SIDE OF THE COUNTY ROAD AS
.~ THE SAME EXISTED ON AUGU;S.T' :29, 190T; THENCE ALONG' THE NORTHEASTERLY
SLDE OF SAID ROAD, THE SOUTHWESTERLY aOUNDARY OF BALD LOT, NORTH 64•
40' WEST"5.48 CHAINS; THENCE LEAVING SAID ROAD NORTH 35-1/2° EAST 30..50
C'HATNS TO THE N.ORTHEAS,T:ERI;Y BOUNDARY OF SAID LOT; THENCE ALONG THE
'NORTHEASTERLY .BOUNDARY OF 'SAID LOT, SOUTH 54° 40' EAST 8.4$ CHAINS
TO A POINT WHICH I.5.5.48 CHAINS NORTHWE:STERLY,FROM THE MOST EASTERLY
CO.RNER~THEREOF; AND THENCE LEAVING.SAID BOUNDARY'SOUTH 35-1/2° WEST
30.50 GHAINS.TO THE'PLP;CE aF BEGINNING, BEING A PORTION OF SAID LOT
245.
A . P . NO : 136-1.20-09 , AS TO PARCEL, ONE
136.120-10, 1~5 TO PARCEL TWO '
r
EXHIBIT l
EXHIBTT `2
CORC)NA=ELY SPECIFIC PLAN
_..
ASSESSMENT DiSTRI_CT
PR~LIMtNARY SPREAD NO. 5
The major public improvements that are anticipated. to be constructed by the
Assessrrment District within the Specific PIan:Area a~r,,a listed below. There may
be ofher improvements included in the Assossment'District required by the City
of Petaluma which are n'ot included in this preliminary description of work.
A. Ely. Boulevard and Sonoma Mt. Parkway
- These streets are anticipated to be construct:edpertiie alignment shown, in
the Corona-E'ly Specific Plan ~ from approXimately '700 feet north cf
Washington Street to North McDowell Boulevard. Efy Road in the coun~y
is presently a straigh°t two-Iane~ country road, from Corona Road to the
present city Ilmi s. EIy Boulevard within the city is presently improved
along its westerly half ~ from the present :city Ii'mits at Morning Star
Subdivision o within 700 foot of Washington Street where ful{
improvements exist.
E.ly Boulevard is propo ed to be renamed Sonoma Mt: Parkway and is
shown having two travel Ianes with Class Ilb ~ Bike Lanes and 'a
Landscaped median in the Corona-E1y Specific Plan.. Landscaping with
beckon treatment .i`s anticipated .to be required of developers along
Sonoma Mt. 1?arkway as part of'the subdivisi.ori irriprovements. The typical
seefion `to be constructed b.y the AssQSSment District !s 52 feet wide from
curb to curb with a landscaped median i;n the present rlght~of way or 64
feet ± of right of way from the Bollinger property to Corona Road.
Efy Boulevard `is arificipated to bQ constructed as a two Iane collector from
Sonoma Mt.~ Parkway to Gorona Road with curb, gutter, drainage, water
main, ~ and ~sanifary sewers in the ~ex~i tang 8D foot right-of-way. Walls,.
`~ fences, Ian~dscaping, lighting, sidewalks aril paths, underground utilities
or Corona C:reeEc improvements from Ely @ouleVard to North McDowe)!
Boulevard would not be a part of the /~sse sment District but constructed
with development.;
•
P 1g e 1 ;cif 2
EXHIBIT 2
B. Sewer Trunks
A new trunk sewer pipe is necesary to serve the northerly profion of the
Specific Plan area to be constructed from th'8 railroad tracks at Corona
Road in 'Corona Road to Sonoma -Mt. Parkway and in Sonoma Mt.
Parkway to the futu-re junior college site.
The southerly po.rf(on o.f the Specific Plan°~ area above Ely Road from the
property south of the jundor college site to Lynch Creek would be served
by a new trunk sower extended northerly and soufherfy in E!y Boulevard
from the~presentiystubbe,d' 12 inch sewor at Rainier Avenue.
C` Water 1Visins
A 12 inch main exists in Eiy Boulevard from Washington Street to Capri
Creek at the northerly city limifs. A .new water main would have to be
constructed from.. ~f_he 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 i'n Eiy
- Road from Sonoma Mt, Parkway to Corona Road.
Pressure Zone 1V -work is not a .part of this. Assessment District but is
necessary to serve the east side of Petaluma northeast of Eiy Road above
the 60 foot elevation.
D. Creeks end Drainage
Construct para([e`f' .and lateral drainage systems within the public street
right-of-way iricludl'ng the Lynch Creek,. Capri Creek, and Corona Creek
cross cuaverts on Ely Road and Sonoma Mt. Parkway. Make temporary.
o;p:en dGtch improvements to Corona Creek-from Eiy Road; tg.,McDowell
B'dulevard o,r ari alternative pipe system. ft is assumed that all other
drainage: work, outside the constructed Ely Read .and Sonoma ~ht. Pari~cway
right-of.-ways required as part of the Corona-E1y Specific Plan will ba done
by developers.
'/ ale 2 of Z ,
EXHIBIT 3
. Participation Schedule
Sonoma Parkway Company 36~
McBa1 Company 30~
Cherry Lane Associates llo
Quaker .HillDevelopment Corporaaion/ 16~
Ross Blackburn
B-T Land Development, Inc. 70
TOTAL ~ 1000
•
_,
SPECIAL DEVELOPMENT FEES
_-
~~~:-
Prepared,.. By
- ~ City of Petaluma. -
Communi-ty Planning & Development Dept.
february 7, 1990 -
~.
~ILJ U U LJ LJ LJ LJ U flD~t .17 87 N C S:._
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 i,t is collected:. Each description also includes a
reference to applicab a ordinances, resolutions, and Municipal Code Sections
where more detailed information .can be obtained. This does not include the
many general development fees collected as parf. of the building and
plannin°g 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
- DwellingConstruction
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. 9495.2, phone 707/778-4301.
. I
SEWER CONNECTION FEES
APPLLCABILTTY:
Any connection to the public sewer is required to pay a sewer connection
fee. .
CALCULAT-ION 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- Dwellin $1,'OOO.OD). N.on-residential (excluding industrial)
users pay a ee based upon the number of fixtures installed, $2,550.00
minimum. Industrial users fee is determined ~by individual application:
TIME OF PAYMENT
Sewer connection fees are paid prior to issuance of a plumbing permit which
is required prior to connecting the sewer.
~. _
Municipal Code 15.44 15..77
Ordinance:#1543
Resolution #114 ,
April 27, 1987
•
2.
r.
WATER CO'NNECTIO,N FEES -
APPLICABILITY:
Any. new connection into the .C,ty water system must. pay a connection fee.
.. , ..
Charges are based upon the,size of the meter. Service charges are applied
when the C ;y~ taps the main- for the connection and install's the service' and
the meter ~-box. A $325•:.00 credit,' may be applied when water mains and
services ,are constructed and financed by fhe developer (15.08.040).
CAL'.CULATION 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. Q0 minus $325.00 credit .'for each
6.,500 square feet of ~ lot being served. An' indvidua-l home built on an
existing parcel and requiring-.the services of the .City "for tapping the main
will pay $1,636.00. '
TT~.f L` /l L` DA~V 11~,f L'ATT.
Water connection, fees are paid to the City 'Water Department, prior to
having. a -water mete"r set .and,, service connected. A11 .fees must. be paid
before final occupancy will. b'e approved by the. Building Department.
Municipal Code 15.08
Ordinance #1252'
Resolution #9214 & #88-93
25 April, 1988
~~~ ~'~ $ ~ N ~ ~
3
COMMUNITY FACILITIES DE~1-ELOPMENT FEES
PURPOSE:
The purpose of the Community :Facilities. Development Fee is to collect money
for the cons.truetion, of major public improvement's 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 moreresidential dwelling unifs 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. development is $18,416..00 per acre for new development,
$1.35 per square o.ot 'for bulidng additions.
-• TIME OF PAYMENT
Fees are due and payable prior to the issuance of a building permit.
Municipal Code 17.14
Ordinance #13'11, 13.83,. 1449, 1469, 1680
Revised February 7, 1990
•
4
STORM DRAINAGE IMPACT FEES
PURPOSE:
In September .1982, ahe Petaluma City Council established Stor-m Drainage
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 projec Fees collected are used by the City for the
acquisition, expansion; and development of storm drainage improvements.
APPLICABILITY:
This ordinance applies to all commercial, industrial, and residential
projects .
OPTIONS. FOR COMPLIANCE:
Residential projects which create an increase• ri normal -runoff exceeding
two-acre feet may, as~ determined by the: City Engineer, either provide on
or off-site detention equal to the calculated in_crease., or pay fees.
Residential projects which create an increase in normal runoff of two-acre
• feet or' Mess are required 'to pay fees.
Commercial, and. industrial projects have the option 'of either paying fees or
providing on or off-site detention areas equal to the calculated increase in
runoff . .
CALCULATION OF THE FEE.:
Runoff Com utation:
T e increase in .runoff created by a given project is .calculated. for a
100-.year storm,. u>tilizing runoff coefficients- based upon the proportion of
vegeta"ted .area to imper'vious' surfaces, and ex"pressed in acre-feet. Runoff
coeffcientts are based upon the type of use; slope of the land, and percent
of vegetation coverage.
Commercial/Industrial;, projects pay a fee of $'30,000 per acre foot of
additions r-uno ~ The amount of incremenaal 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 fee of
expect a $6, 750 per
acre, 30$ 'would- pay $6,300 per acre; and so on.
Residential projects 'pay a fee .of $15,000 per acre foot of additional runoff..
Incremental' "runoff is dependent upon ,the density of a project and the
amount of " landscaping and. open space provided. A ~ high -density, project
• with 20$ o,r less area in landscaping could expect to pa.y $4,,500 -per acre.
A typical detached single family subdivision would pay approximately $1,500
per acre..
5 ~ .. ,
TIME OF PAYMENT
Floodmitigation fees for commercial and industrial projects are collected
when.. building' permits, are issued. Residemtial~ projects. pay fees prior , to
having final or parcel maps recorded, or prior to issuance of building
permits when rio subdivision is involved.
Municipal Code ~ 17.30
Ordinance #1:530;1-5.47
Resolution #9564,95b5~,975I -
June 2, 1986
~~~. ~~~~r~r,~
6
DWELLING CONSTRUCTION FEE
PURPOSE:
Often referred to- as the "bedroom tax," tli's fee provides funds for
expansion of park `and recreational facilities.
APR~LIGABILITY:
Every dwelling unit constructed in the city, except where a subdivision of
real property is involved {see Park and Recreation Land Improvements
Fee) , is requir-ed 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 irr the dwelling unit. A studio
or one bedroom unit pays $120.00. An additional $60.00 is collected for
each additional bedroom, up o a maximum of $240.00.:
The fee for projects consisting of five or more units will be calculated in
the same manner as the. Park and Recreation. Land Improvement Fee .(page
• - 8). Mobile home project fees are calculated .in t+he 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 #932, 1074, 1383
Revised 'December 5 , 1988-
•.
7
-PARK AND RECR=EATION LAND -TMPROVEMENTS FEE
PURPOSE: "
The purpose of the .Park and Recreation Land Improvements Fee is to
provide, funds for the: acquisition,, development.., and improvement of
neighborhood.;ar'rd community park and recreation facilities.
- APPLICABILITY:
Any residential, project - whifih_. involves.. the subdivision of land and any
project' which exceeds four- .dwelling units on a single parcel of land.
- ~ C,ALCULA:T,ION 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 b.y'.~. 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 ''Uni't
• U.p. to 6...5 3.18 .0159
6,.6 ~to 10.6 1.90 .0095
10.6 to 25.5 1.80 .0090
The cost of. land anal improvements is currently- set at $`169,350 per acre.
A typical single .family project with a density of up , to 6.5 units per acre
will pay $2,692.66 per unit. Projects with a density of 6.6 to 10.5 units
per acre pay $1,608,82 per unit, and -those, with density of 10.6 to 25.5
units per acre pay $1;,.524.15 per unit. Projects whi'eh exceed four units on ..
a single parcel of 'land' use 1.8 persons per unit as: a basis for calculating
fees ..
OPT3ONS FOR COMPLIANCE:
This. ordinance • also provides for crediting projects that dedicate and
improve- designated public park sites.
TIME OF ;PAYMENT;,:,
Park aid recreation -land improvement.. .fees are computed for the total
project at 'the time final- or parcel map -;is approved, and collected on a
pro-rata basis prior to issuance of building permits for each housing unit. .
Municipal Code 20.34
•- Ordinance #'13.52
May 15, 19.89
8 -
SCHOOL FACILITIES FEE
PURPOSE:
The purpose of the '!'.School Facilities .:Fee/'Dedication Ordinance" is to
provide a method fo r pr:ovding•, sites and/;or financing. interim school
facilities .necessitated b:y new residential developments- causing conditions of
overcrowdng.-
.APPLICABILITY: -
A school facilities fee crust: be paid for every residential dwelling unit -or
addition ,built, in the ~Waug.k, Petaluma, ,Cinnabar or Old Adobe School
Districts.. .-Fees must' also be paid for non-residential development in the
Old Adobe and Waugh .Districts.
CALCULATION O'F FEE:. -
T'he 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 $ 1.50/sq.ft.* -
Petaluma $ 1.15,/ sq : ft .
Waugh - $ 1.50/sq.ft.*
1~'on-Residential
Old Adobe $ .25/sq.ft.*
Waugh $ ,.25/'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 ofCompliance form is
av,ail'able~ 'at the City Building Deparment.
Municipal Code 1'T.2.8
Ordinance #1'377-,, 1512
Resolutions #84-16.5',, 85-18'3, 85-184., 87-7, 87-25
Revised ~D'ecember 5 , 198,8
•
9 -
IN-LIEU FEES FO:R P'RO:VISI:ON OF VERY LOW,
LOW AND ~,1ODERATE 'iNC'O`ME HOUSING
PURPOSE
The purpose of the .In-Lieu Fee is to provide an option for developers to
comply with Progr.a;m T2 (iii) of ~ the Housing Chapter of the 1987-2005
Petaluma General .Plan which. states
"Program (12) Developers .of planned residential developments of 5 or
~~ more units shall~~~pro.v'de 10-15°s .of their units as affordable in one of
the following ways:...
(iii) An in-lieu 'fee, related to the cost of providing affordable
housing,, shall be.offered to .the City.!'
The City will use the ,fees .collected for variou's' programs to .assist in the
provision of low and very, low income housing opportunities in Petaluma.
APPLICABILITY
This policy applies toresidential developments with 5 units or more.
• CALCULATION OE 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 orie of several options available for meeting the
requirements for low. income housing . Other options include but are not
limited to provision of 8-15$ of the units for rental or sale at prices
affordable to very ow, lo.w and moderate income households, or dedication
of land. to the, City to 'be used as a site for affordable housing,
. .,
TIME; O;F 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 estab`lshe5. terms of payment .
r 3n~q=~~~; -985
May 23, 1988
],0
IN-LIEU HOUSING FEE C'HAR:T.
•
Sales Pree Lot and House
Under $75 , 000
$ 75,000 - $79,999
$ 80,000 - $84,999
$ 85,000 - $89,,999
$ 90,000 - $94,999
$ 95,000 - $99,999
$100,000 - $1.04,999
$105,000 - $109,999
$110,000 - $.114,999
$115,00.0 - $119,999
$120 , 000 -Over '
23 May. 1988
special. development .fees/pd9
Fee
0
$ 150 per unit
240 per unit
425 per unit
90.0 per unit
1, 42'5 per unit
2,000 per unit
2,100 per unit
2,200 per unit
2 , 300_ per unit
2, 400 ` per unit
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