HomeMy WebLinkAboutOrdinance 1787 N.C.S. 02/20/1990i
Sa 3 V 5bu
MAR 2 2 1990
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ORDINANCE NO. 1787 N . C . S. =',?
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
Benjamin-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.
Ord. 1787 NCS 1 of 2
y
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
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• DEVELOPMENT AGREEMENT BY AND BETWEEN
CITY OF PETALUMA AND B-T LAND DEVELOPMENT, INC.
FOR THE DEVELOPMENT KNOWN AS
WATERFORD OAK.
APN136-120-09 and 10
This' Development Agreement is entered into this 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 65869.5 of the Government Code.
RF("TTAT.q
A. In order to strengthen the public planning process, encourage
• private participation in comprehensive planning, and reduce the economic
costs of development, the Legislature of the State of California enacted
Section 6.5864 et seq. •of the Government Code '("Development Agreement
Legislation") which authorizes the City of Petaluma and an applicant for a
development project to enter into a development agreement to establish
development rights in the applicant's property. Pursuant to the Develop-
ment Agreement Legislation, the City Council of the City ( "City Council")
adopted Ordinance No. 1072 N.C..S., Article 19.3 ("Development Agreement
Ordinance") establishing procedures and requirements for consideration of
development agreements.
B . Developer owns in fee 33.4 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
ORS
. 1. 787NC� 6� .
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detail the type and density of development within the area controlled by
public improvements, circulation, and other requirements for development.
D„ On May 1, 1989 the City adopted Resolution No. 89-125 N.C.S.
(the "Financing Plan") which recommends- the means by which certain
public improvements within the Specific Plan could be constructed and paid
for.
E. On May 1, 1989 the City Council, by Resolution 89-122 N.C.S.,
certified as adequate and complete under the California Environmental
Quality Act and adopted the Final Environmental .Impact Report ( "the EIR")
for the Corona/Ely Specific Plan and designated the same a master EIR
during the. effective life of which a project may be approved without
further. or additional environmental 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 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 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 0)
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e
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 will assure. orderly growth and
development of the. area according to the policies and goals set forth in the
General Plan and Specific Plan.
J. For the reasons recited herein, the City and the Developer have
determined that the Project is a development for which this Development
Agreement is appropriate. This Agreement will in turn eliminate uncertainty
• in plannin ' for and securing orderly -.develo ment. of the Property, secure
installation of necessary improvements, provide for public services, appropri-
ate to each stage of .development of the Project, and otherwise achieve the
goals and purposes for which the Development Agreement Statute ( Government
Code Section 65865 et ,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 implementation is in the best' interest of the City and the health,
-safety, and welfare of its residents.
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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. Agreementi.. 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 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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787NCO
() 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 Standards which can be constructed during a particular
period or periods of time or to prohibit or delay the construction, or the
• issuance of such permits or approvals as may be .necessary for the
construction, of such buildings or other improvements for a period or
periods of time.
(b) The foregoing. limitation (2.2(a)) shall not apply to a
moratorium adopted either by the City Council' or by initiative of the
people which moratorium is adopted to preserve the public health, safety
and welfare of the residents of the City of Petaluma. However, any
moratorium adopted 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 other than the City prevent or preclude compliance with one or more
provisions of this, Agreementor require changes in plans, maps, or
permits approved by the City, this Agreement shall be modified, extended,
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• a
or suspended as may be necessary to comply .with such State or FederaF .
laws or regulations or the regulations 'of, "such, •other governmental
jurisdictions.
( d) Except as provided for specific fees elsewhere in this
Development Agreement, all applications for City approvals, permits, and
entitlements shall be _subject to development and processing fees and taxes
within the control of the City which are 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 '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 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, pr other casualties, (8) the failure, delay or inability of the
other party to act, (9) the failure, delay' or inability of the City after
request by Developer to hold hearings necessary to take actions necessary
for the purpose of acquiring property for the. construction of roadways or
other offsite public facilities required by the Specific Plan, Financing Plan,
• or the plan.'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 Approval. In addition to the general
obligations described in this Agreement, Developer agrees to comply with
all Conditions of Project Approval adopted by the City and incorporated
into this Agreement by amendment at the time all approvals are complete.
3.1.3 ,Assessment District. Developer agrees to join in the
formation of an, assessment district to acquire right-of-way for and
construct Sonoma Mountain Parkway and associated improvements as
described in Exhibit 2 to this Agreement and the Corona/Ely Specific Plan
and EIR. In return for Developer participation in the Assessment District,
City agrees to grant Developer residential allotments according to the
terms and provisions set forth in Section 3.2.5 of this Agreement.
3.1.4 Pay -Off Assessments. Developer agrees to_pay-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 e"sc"row'. This provision shall not apply to commercial
development or multi -family rental residential projects not requiring the
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ORD.17S7NCS
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.(.$) 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.
Developer agrees as follows :
In order to meet that obligation,
1. In cooperation with Quaker Hill Blackburn,
Arthur Cader and Selma Corder, Developer shall, at the time the first final
map for the development isapproved by the City Council, offer by grant
deed or -dedication a portion of Developer's property which', when combined
with the property of Quaker Hill Development Corporation, Ross
Blackburn, Arthur Cader and Selma Cader shall total at least two and a
half 01) acres, .exclusive of public dedications.. Frontage improvements
and .utilities to. serve the parcel shall be installed by Developer.
2. Developer shall. work with the City of Petaluma to
identify a nonprofit corporation to construct on the parce'1 no less than
twenty-eight (28) unit townhouse development for sale as affordable
housing. Developer shall have the option to deliver complete units
(turnkey) to the City or to a non-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 115". Development
_g_ ORD. 1 787NCS
of the housing described. above shall give due consideration to the
Corona/Ely Specific Plan. �Uriits constructed under•this' 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
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.G.S. and any successor to that
Resolution.
(c) Construction 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 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 propertiesat,. the time of development.
• Proceeds collected by the City shall be paid to the Sonoma Mountain
Parkway Assessment District participants, according to th-e 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 proper -ties 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,• and 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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(c)L 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
ep riod until Water Pressure Zone 4 becomes operable.
3.2.4 Landscape and Lighting Maintenance Assessment
District. Developeragrees 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 sametime as the assessment district
for Sonoma Mountain Parkway. City agrees to require all properties in the
Corona/Ely Specific Plan area which develop .after or are annexed after the
creation of the landscaping and lighting assessment district to annex to
said district as a condition of development approval..
.3.2.5 Allotments. City agrees to grant Developer allotments
on an annual basis according to the following schedules:
1990 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 17.26 of the Petaluma Municipal Code (the. Residential
Growth Management Ordinance) and may accumulate unused allotments from
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ORD. 1787NCS
. 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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may enter into such 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 IM 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) 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
519C
ORD. 2787NCS
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 15
FEES AND CREDITS
5.1 Fees..
All other development fees shall be the amount determined from
• time to time by the City Council for application to the City as a whole. A
schedule of the fees in effect on the date of this Agreement is attached as
Exhibit 4 to this Agreement. City may increase existing fees or impose
fees in addition to those in Exhibit 4 (including anticipated new traffic
impact feees) so long as, and only if, those fees are normally required to
be paid by developments on a city-wide basis. City acknowledges it will
receive from the Sonoma Mountain Parkway Assessment District the sum of
One and One -Half Million Dollars ($1, 500 , 00.0..,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 ($1,50:0,000.00) 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 65.456(a) and to be established by
the City Council. 'City agrees to credit initial_ per acre contributions made
by certain developers for the preparation of the Specific Plan against the
total obligation for the Specific Plan fee. The credits shall be paid to the
person or entity who actually advanced such funds, whether or not the
person or entity owns the property at: the time _the credit accrues.
Article 6
• DEFAULT, REMEDIES, TERMINATION
:6..1 General Provisions..
Subject to extensions of time by. mutual consent in writing, or as
otherwise provided'in .this agreement, failure or delay by either party to,
take reasonable steps in good' faith to perform any term or provision of
this Development
Agreement
for a period
of 30 days
after
written notice
thereof from the
other .party
constitutes
a default.
Such
notice shall
specify the nature of the alleged -'default and the manner in. which said
default may be satisfactorily cured. Subject- to extensions of time by
mutual consent in
writing, if a
party defaults
under. this Development
Agreement or any
of its terms
or conditions,
the party alleging. such
default ,or breach shall,• after the expiration of the 30-day period without
cure,, at its :option initiate legal proceedings and/or give .notice of intent to
• terminate the Development Agreement per Government Code Section 65868.
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Following such notice of intent to terminate, the matter shall be scheduled
for consideration and -.review by the CityCouncil within 3'0 days in the
manner set forth in Government Code 'Sections- 65865, 65867, 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 or any rights or remedies or
deprivel 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 on 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
Agreemenrt. 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
OR"1 . 1786 N` S
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faith with
the
terms of this
Agreement,
he shall specify in writing to
Developer
the
details not in
compliance
within thirty (30)
days after the
date the 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.
If the areas of noncompliance specified by the Planning Director are not
perfected with the reasonable time limits prescribed by the Planning
Director, or if Developer contests the Planning Director's determination,
the matter shall be referred to the City Council.
6.2.3 . Referral -to City Council. If the matter is referred to
•
the
City Council, the
City
Council shall schedule
a hearing on the
referral
not
earlier than thirty
(3.0)
days after thematter
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 determines on
the basis of substantial
evidence
the
Developer has not complied in ;good faith with the terms and conditions of
this. Agreement, then the City Council shall specify to Developer in writing
the details in which Developer has failed to comply, and shall also specify
a reasonable
time
for
Developer to
meet the terms of
compliance, which
time shall be
not
less
than 'thirty
(30) days and shall
be reasonably related
• to .the time necessary to bring Developer's performance into good faith
compliance with the terms of this Agreement. If the areas of
ORD. 178'7NCS
arm
noncompliance 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 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 basis on any referral to the
City Council.
6.3 Applicable Law/Attorneys' Fees..,
This Development Agreement shall be construed and enforced
according to the laws of the State of California. Should any legal action
be brought by either party because of breach of this Development Agreement
or to enforce any provision of this Development Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees (including reasonable
in-house 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
-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
,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
fort . 1 P1 Sly W C0
-19-
addres's 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 committedan 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
(')
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-
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 '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, iiicludin•g, 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, (ii) 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 theproperties, or any portion of them, and (iv) shall benefit
each party and its property under this Agreement, any successor.
787����
-21-
Article 9
GENERAL PROVI'SlON'S
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 arises from the Developer's operations under this
Agreement;, excepting suits and actions brought by the Developer for
• default of this Agreementg or arising from the. negligence or willful
misconduct of the City.
9.2 Notices, Demands and Communications7 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
opq,..17 87 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 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 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 understanding ' and agreement of the parties.
Exhibit 111" Description of Property;
Exhibit 112" Sonoma Mountain Parkway Description;
Ex-hibit 113+" Participation Schedule;
Exhibit " 4 " 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-
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 executeand 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 sati'sfie;d:
(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') The City of Petaluma has adopted the financing mechanisms
recommended in the Financing Plan and has actually obtained the funding
���< 7 8 7' N C S
a
0
necessary under such mechanisms to construct the public improvements
described in Exhibit 2.
9.9 Conflict of Interest.
No member, official or employee of the City shall make or
participate in any decision relating to the Agreement which affects his or
her personal interest, the interest of any family member, or the interests
of any corporation, partnership or association in which he is directly or
indirectly interest.
9.10 Non -liability of Developer's Limited Partners.
No (i) limited partner of the Developer, (ii) officer, director,
shareholder or partner of Developer's general partner, or (iii) employee or
agent of either Developer or its general partner shall be personally liable
to the City in the event of any default or breach by the Developer or for
any amount which may become due to the City or successor on any
obligation under the terms of ,this Agreement.
9.11 Hold :Harmless and Indemnification.
Developer hereby agrees to defend, indemnify, save and hold
harmless the City and its elected and appointed representatives, officers,
agents, employees, harmless from claims, costs and liabilities for any
personal injury, death, or property damages which arises, directly or
indirectly,., from the operations performed under this, agreement by
Developer, :or 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
-25- MA 787yr
employees' from actions for such personal injury, death or property damage
which is .caused or alleged to have been caused by reason of Developer's
activities in connection with the project site.
9.12 Legal Challenges.
In the event of any legal or equitable act, action, or other
proceeding instituted by a third party, other governmental entity or
official challenging the validity of any provision of this agreement, the
parties hereby agree to cooperate in defending said action or proceeding.
Developer agrees to and shall save, defend, 'and hold harmless the City
from any and all claims, costs and liability arising out of a legal action
brought against the City which challenges any portion of the development
agreement.
Executed the day and year first written above..
Approved as to Form:
CITY OF PETALUMA
Approved
deve;lopmnt agrmt 1
PLAN2 -
Finw6a- Officer/A
ORD.1787NCS.
-26-
a T U E 1 1 t 49 E•E H �J A M I N- T U X H O R N & ASSOC P �i =
North American Title Company
r
Benjamin-Tuxhorn and Associates Inc.
Ely Blvd, 'PrOperty in Petaltmtia, CA
THE LAND REFERREp TO kiE"IN IS SITUATED IN THE STATE OF CALIFORNIA.
COUNTY OF SONORA, CITY OF UNIHCOR.PORATED, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
BEGINNING ON THE SOUTHWESTERLY 'BOUNDARY OF LOT NO. 245 OF THE PETALUMA
RANCHO, AS PER'C.W. ROWg'S MAP OF SAID RANCHO, AT A POINT WHICH I5
10.96. CHAINS NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER THEREOF,
SAID POINT OF. BEGINNING BEING ON THE NORTHEASTERLY SIDE OF THE COUNTY
ROAD AS THE SAME EXISTED ON AUGUST ,29, 1907: THENCE ALONG THE
NORTHEASTERLY :SIDE OF SAID ROAD, THE SAUTHWESTEALY HOUND'ARY OF SAID
LOT, NORTH 54' 40..' WEST 5.48 CHAINS', THENCE LEAVING THE SAID ROAD,
NORTH 35'-l/20 EAST; 30.50 CHAINS TO THE NORTHEASTERLY BOUNDARY OF SAID
LOT; THENCE -';ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT, SOUTH 54°
.40' EAST', -5.48 CHAINS TO A POINT WHICH IS:10.96 CHAINS NORTHWESTERLY
YHOM THE MOST EASTERLY CORNER 'THEREOF; AND THENCE LEAVING SAID BOUNDARY
SOUTH 3'5-1/2" WEST, '30.5:0 CHAINS TO THE PLACE OF BEGINNING.
PARCEL TWO:
BEGINNING ON THE S0UT4WESTERLY-BOUNDARY OF LOT NO. 245 OF THE PETALUMA
RANCHO AS PER, C.W. ROWE'S MAP'OF SAID RANCHO, AT A POINT WHICH IS 5.48
CHAINS.NORTVESTERLY FROM THE MOST SOUTHERLY CORNER THEREOF, SAID POINT
OF BEGINNING `BEING ON THE NORTHEASTERLY SIDE OF THE COUNTY ROAD AS
THE SAME EXISTED ON AUGUST':29, 1907; THENCE ALONG'THE NORTHEASTERLY
SIDE OF SAID ROAD, THE SOUTHWESTERLY BOUNDARY OF SAID LOT, NORTH 54'
40' WEST "5.48 CHAINS; THENCE LEAVING SAID ROAD NORTH 35-1/2' EAST 30.50
CHAIN
S TO THE NORTHEASTERLY BOUNDARY OF SAID LOT; THENCE ALONG THE
'NORTHEASTERLY BOUNDARY OF SAID LOT, SOUTH 54' 40' EAST 5.4& CHAINS
TO A POINT WHICH I S•5.48 CHAINS NORTHWE:STERLY,FROM THE MOST EASTERLY
CO.RNER'THEREOF; AND THENCE LEAVING.SAID BOUNDARY' SOUTH 35-1/26 WEST
30.50 CHAINS .TO THE 'PLACE OF BEGINNING, BEING A PORTION OF SAID LOT
245.
A.P. NO, 136-1.20-09 , AS TO PARCEL, ONE
136-.120-10, As' TO PARCEL TWO
EXHIBIT 1
bRD -i781NCS'
EXHIBIT`?
CORONA-ELY SPECIFIC PLAN
ASSESSMENT DISTRICT
PRELIMINARY SPREAD NO. 5
Th,e major public improvements that are anticipated to be constructed by the
Assessment District within the Specific Plan -Area a�r,,e llsted'slow. There may
be other improvements included in the Assessment District required by the City
of Petaluma which are not included in this preliminary description of work.
A. Ely Boulevard and Sonoma Mt. Parkway
These streets are anticipated to be constructed per the alignment shown in
the Corona -Ely Specific Plan - from approximately '700 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. EIy 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 Jull
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 anticipated .to be required of developers along
.Sonoma Mt. Parkway as part of the subdivisi.oh improvements. The typical
section to be constructed by the Assessrnent 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 th,e -ex�i tI'ng 80 foot right-of-way. Walls,,
fence.s., landscaping, lighting, sidewalks and paths, underground utilities
or Corona Greek improvements from Ely Boulevard to North McDowell
Boulevard would not be a part of the Assessment District but constructed
with development.,
ORD.17
P 49e 1 ;o f 2
EXHIBIT 2
B. Sewer Trunks
A new trunk sewer pipe is necesary too serve the northerly protion of the
Specific Plan area to be constructed from the railroad tracks at Carona
Road in 'Corona Road to Sonoma Mt. Parkway and in Sonoma Mt.
Parkway to the future junior college site.
The southerly portlon of the Specific Plan- area above 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 stubbed12 inch sewer at Rainier Avenue.
a 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 Creek
cross culverts on Ely Road and Sonoma Mt. Parkway. Make temporary.
open ditch improvements to Corona Creek from Ely Road, to. -,McDowell
Boulevard or an alternative pipe system. It is assumed that all other
drainage: work, outside the constructed Ely Road and Sonoma 1`ht. Parkway
right -of. -ways required as part of the Corona -Ely Specific Plan will be done
by developers.
ale 2 of Z ,
.1178 TNCS
EXHIBIT 3
Participation Schedule
Sonoma Parkway Company 36%
McBail Company 30%
Cherry Lane'Associates 11%
Quaker Hill -Development Corporation/ 16%
Ross Blackburn
B-T Land Development Inc. 70
TOTAL 100%
0
0
%WPECIAL DEVELOPMENT FEES
Prepared,,. By
City of Petaluma
Community Planning & Development Dept.
february 7, 1990
L ZjAv\nUj D
87NCS
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, resolutions, and Municipal Code Sections
where more detailed information can be obtained. This does not include the
many general development fees collected as part. of the building and
planning permit process (i.e. subdivision 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.
SEWER CONNECTION FEES
APPLICABILITY:
Any connection to the public sewer is required to pay a sewer connection
fee.
CALCULATION OF FEE:
Sewer connection fees are established by resolution of the City Council.
Fees are based. upon the classification of user: :residential; non-residential,
excluding industrial; 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 installed, $2 , 550.00
minimum. In'dustriai 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 41543
Resolution #114 ,
April 27, 1987
F�
2.
WATER CONNECTION FEES
APPLICABILITY:
Any. new connection into the .City water system must. pay a connection fee.
Charges are based upon the,size of the meter. Service charges are applied
when the City, taps the main- for the connection and insta-lls 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) .
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 $1,290.00 minus $325.00 credit .for each
6,500 square feet of, lot being served. An' individual home built on an
existing parcel and requiring -_the services of the. City 'for tapping the main
will pay $1,635.00.
TThAV nV DA4VA,fVXTT.
Water connection, fees are paid to the City 'Water, Department, prior to
having. a -water meter set .and,, service connected. A11 fees must be paid
before final occupancy will be approved by the. Building Department.
Municipal Code 15.08
Ordinance 41252'
Resolution #9214 & #88-93
25 April, 1988
U1
3
COMMUNITY FACILITIES DEV,ELOPMENT FEES
PURPOSE:
The purpose of the Community Facilities. Development Fee is to collect money
for the construction, of major public improvements by causing the cost of
construction to be borne " by those developments generating the need for the
improvements.
APPLICABILITY:
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 accessorydwelling 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 f6ot 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'l1, 1383, 1449, 1469, 1680'
Revised February 7, 1990
•
IDERD. n 7 8 7 N C 0
4
STORM DRAINAGE IMPACT FEES
PURPOSE:
In September .1982, the Petaluma City Council established Storm 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 project. Fees collected are used by the City for the
acquisition, expansion, and development of storm drainage improvements.
APPLICABILITY:
This, ordinance applies ' to all commercial, industrial, and residential
projects
OPTIONS. FOR COMPLIANCE:
Residential projects which create an increase, in normal -runoff exceeding
two -acre feet may, as, determined by the City Engineer, either provide on
or off -site detention equal to the calculated in crease, 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*:
The increase in runoff created by a given project is . calculated. for a
100-.year storm, u>tilizing runoff coefficients based upon the proportion of
vegetated area to impervioussurfaces, and expressed in acre-feet. Runoff
coefficients are based upon the type of use; slope of the land, and percent
of vegeta-tion coverage.
Commercial/Industrial, projects pay a fee of
$30,000 per acre foot of
additional r-uno
. - The amount of incremental
runoff created
is directly
linked to the amount of landscaping provided., The maximum fee
possible is
$9,0n per. acre..
-of land; This would apply to
a project with
20%t or less
landscaping. A
project with 25% landscaping ican
expect a fee of
$6, 750 per
acre, 30% 'would
pay $6,300 per acre; and so on.
Residential projects 'pay a fee .of $15,000 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 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 #1530;15.47
Resolution #9564,9565-,9751
June 2, 1986
ORD.1787NCS
6
DWELLING CONSTRUCTION FEE
PURPOSE:
Often referred to- as the "bedroom tax," tlii's 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 as 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 #932, 1074, 1383
Revised 'December 5, 1988-
0
7
PARK AND RECREATION LAND -IMPROVEMENTS FEE
PURPOSE:
The purpose of the Park and Recreation Land Improvements Fee is to
provide, funds for the acquisition, development, and improvement of
neighborhood.; and community park and recreation facilities.
APPLICABILITY:
Any residential, project - whiith_. 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 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 '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 $169,350 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',ch exceed four units on
a single parcel of 'landuse 1.8 persons per unit as: a basis for calculating
fees
OPTIONS FOR COMPLIANCE: -
This ordinance " also provides for crediting projects that dedicate and
improve designated public park sites.
TIME OF ;PAYMENT;,:,
Park and recreation land improvement .fees are computed for the total
project at the time final or parcel map -as approved, and collected on a
pro-rata basis prior to issuance of building permits. for each housing unit.
Municipal Code 20.34
• Ordinance '#1352
May 15, 1989.
8
SCHOOL FACILITIES FEE
PURPOSE:
The purpose of the
"'School Facilities Fee/'Dedication Ordinance"
is to
provide a method for
pr:oviding•, sites and/;or financinginterim
school
facilities necessitated by new residential developments causing conditions of
overcrowdng.-
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
$ 1.50/s'q.ft.*
Petaluma
$ 1.151 sq : ft . *
Waugh
$ 1.50/sq.ft.*
Non -Residential
Old Adobe
$ .25/sq. ft. *
Waugh
$ ..25/'sq. ft.;*
TIME OF PAYMENT:
'School facilities fee is paid prior to 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 17'.28 -
Ordinance #1'3,77,, 1512
Resolutions #84-16.5,, 85-i83, 85-184, 87-7, 87-25
Revised Z'ecember 5., 19$8
O�Rp.17g7NCS
9
IN -LIEU FEES FOR P'RO:VISI:ON OF VERY LOW,
LOW AND MODERATE 1NC'OME HOUSING
PURPOSE
The purpose of the .In -Lieu Fee is to provide an option for developers to
comply with Program 12 (iii) of' the Housing Chapter of the 1987-2005
Petaluma General Plan which states:
"Program (12) Developers .of planned residential developments of 5 or
more units shall provide 10-15% .of their units as affordable in one of
the following ways:...
(ill) An in -lieu fee, related to the cost of providing affordable
housing,, shall be.offered to the City."
The City will use the ,fees collected for various programs to assist in the
provision of low and very low income housing opportunities in Petaluma.
APPLICABILITY
This policy applies to "residential developments with 5 units or more.
• CALCULATION OF FEE,_
Fees are calculated based upon a schedule adopted by resolution of the City
Council ( Resolution 84-199) . .Fees are based upon the actual sales price of
lot and home, or in the case of custom home lots, the estimated value of lot
and home.
OPTIONS FOR COMPLIANCE
Payment of in -lieu fees is one of several options available for meeting the
requirements for low income housing. Other, options include but are not
limited to provision of 8-15$ 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; 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 establishes. terms of payment
May 23, 1988
10
•
IN -LIEU HOUSING FEE C'HAR:T.
Sales Price Lot and House
Under $75 , 000
$ 75,000 - $79,999
$ 80,000 - $84,999
$ 85,000 - $89,,999
$ 90,000 - $94,999
$ 95,000 - $9-91999
$100,000 - $104,999
$105,000 - $1091999
$110,000 - $114,999
$115100,0 - $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
1,425
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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