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HomeMy WebLinkAboutOrdinance 1788 N.C.S. 02/20/1990~, ~~~~ ~° C MAR 2 2 1990 ORDINANCE NO. 1788 N.C.S. .Introduced by: Lynn Woolsey ~0}~;~3~~~~ Seconded by: Michael Davis AN ORDINANCE OF THE CITY OF PETALUMA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND CHERRY LANE ASSOCIATES FOR THE DEVELOPMENT KNOWN AS MORNINGSIDE (APN 136-120-15) 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 Cherry Lane 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 1788 NCS 1 of 2 JQ;~~ ~ ~~ 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 ~~ Mayor ord.morningside / corona Ord. 1.788 NCS 2 of 2 I N5(o°20'/8"'l/1/ /Co92.94 GATT/ NURSE~2 Y iNC. 34,E D. R. 2!0 7 ~ J J~3 ,~ ~ / n/ U Efc n/O. x"7-093940 ~'DO" E i . GAi~cK Z~GI O•R. 4B/ Jr0,~1Or/d A..,soc. Z3S 9 O . K. 9 ZS /Co ' ® FIRST SoorNeR~l L3APT~5T C/-w~/~ SANTA ROSH ~ pF PETAC.UMA . J,P. CoLLEGEw ZZZ/ U•K• Z45~ b/S`TR/C T . ooc ...io. ~ ~~ J ~- ~ a~ - o~ ~s~~ ~, Su/A~ O /a ~~. 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COLLEGE ZZZ~ U•R• Z45~ b/STR/C T ~ ~J g~-o~~s6~ }~;; %" ,~ - - ~, S~JA~.1~ ~b OGC ti.lo ' SZ-o3/`?4B ~' ~~ ~Tl ~L y ~ Po.4 0 i ^ 654034'58"E I N / ~J4. 10111 h'1 O ~~ ~W N M`~AlL Co." 0 DOC. nlD. 85 -048 rl/ N ~~/ E~CAT /On! ~ 3 Z 2 /~9~- ~°5 / 3 2 :3'00" E ~. 90 Z~39. ~G PETALUMA I,~IA,TER 17EP7' A~INExAT7o~ g 3 MA.~P,S 8 :~ J ~/O~P`rN P~TALtJ/~'IA l~EO1~GAN/ZATlOa/~O• ~ 3 /4- /"DAPS. l 5 a y A~I~~XAT~o al ~~~s ~~ D~i`IMAN ~1 NNEJCAT /Old ^/D • S /4~o MAPS /~ NS¢°33'c~o"i'V .CABER /843.27 33~G O.R. ~o BCo CAIJE~ 2295 D ~. 455 CA DER /s93 o K. 42 S5¢° .3¢' sB" IE ~ 4lo99.glo Q~JAKEK NILE r>E~ECOPMENT CoR DOG nJO.88-oZ8~4/ ~/O~Q7'HE~•ST PETAC.[J/"1 A/il~tl EXA'T /Or/ ~D. / / 279 rPA PS / 0 2a~ Qoo <,oo ion .r ~•:. DEVELOPMENT AGREEMENT B:Y AND BETWEEN CITY OF PETALUMA AND DELCO~ BUILDERS & DEVELOPERS AND CHERRY. ,LANE. ASSOCIATES FOR THE DEVELOPMENT KNO~NN AS MORNINGSIDE APN 136-120-15 . This Development :Agreement is entered into this /~ day of _ 1990, by and between DELCO BUILDERS & DEVELOPERS AND CHERRY LANE ASSOCIATES; (the "Developer") and THE CITY OF .PETALUMA, a municipal corporation (the "City") pursuant to the authority of Sections 65864 through 658b9.5 of the Government Code. RFC'TTAT.S A. In order to strengthen the public planning process, encourage private participation in comprehensive planning,, and reduce the economic costs of development, the Legislature of the State. _of California enacted Section 65864 et sue. of the. Government Code ("Development Agreement Legislation") which authorizes the City of Pe aluma 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 37.89+ acres of real property described in Exhibit L attached to this agreement (the "Property") . 'C. On May 1, 1989 the City adopted by Resolution No. 89-124 N . C . S . the Corona /Ely Specific Plan (""Specific Plan") which sets out in ~~~~~ -1- ~.~~~. 17 8 ~ N C S detail the type and density of development wi-thin the area controlled by public improvements, circulation, and other -requirements for development. D . On i~4ay 1, 1989 the City adopted-~ Resolution No . 89-125 N . C . S . (the "Financing Plan") whcli recommends the means- by which certain public improvements within the Specific Plan could be constructed and paid for. E. On May 1, 1.989 the.. City Council, 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 Speci-fie .Plan and designated the same a master EIR during the effective life of which a project may be approved without further or additional environmental assessment provided the project is consistent with the applicable provisions of the. Specific Plan. F. Developer wishes to develop alarge-scale, phased development ("Project") generally described as follows : a plannned residential district totaling 95 single fami~Ty dwellings. G. ~ The following development approvals and policies have been adopted b`y the C`t;y 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 ahall 'be consistent with, the General Plan and Specific Plari. 2 . They ~ 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. ~ Tlie Environmental Impact Report (EIR) for the Corona/Ely Specific Plan has been determined to have an effective .life of seven (7) -2- ' years, beyond which -additional environrnerifal review may he required by the Gity, ~ ~ ~ . 4,. The approvals and development ,po icies described-above g "Existing Approvals . " shall. be referred to rn fhis a reement as the 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 . Gener,al~ 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 - Agreemen : is appropriate. This ~A°greement will :inturn eliminate uncertainty in planning 'for and, securing orderly development. of the Property,; secure installation of necessary improvements, provide for public services appropri= ate to each stage of development of the Project, and otherwise achieve the goals and purposes for which the.-Development Agreement Statute .(Government _ ~ Code Section 65865 et ,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. i'inp`lenienta,fion is in the bestinterest of the City and- the _ health, safety, and welfare of its residents. ~ ~ ~ . . AG`REEI~~tENT NOW,w THEREFORE, it is agreed by the City •;and Developer as follows: Article 1 PROPERTY AND TERM 1..1 Property S'ubje.ct to this Development Agreement. All of the Property described in Exhibit "1" shall be subject to this Development Agreement. The parties intend that the provisions of this Development Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall bind and inure to all the' successors in interest to the parties until such time as this Development Agreement expires, is cancelled or is terminated per the provisions herein . 1.2 Term . The term of this Development Agreement shall commence upon the effective date of the ordinance approving this Development Agreement and shall continue until 1997 (? years,) unless: extended or earlier terminated as provided herein. Article 2 DEVELOPMENT OF .THE PROPERTY 2.1 Established Development Standards. The permitted' u'se 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: ~~~. ~ 6 ~C7~liS -4- 1 (1) The General Plan as of the date of this Agreement; (2) The Specific Plan; . (3) All Conditions of Project Approval as adopted by the City Council incorporated into this Agreement by amendment. 2 : 2 Rules, Regulations and Official Police's . (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 CityCouncil .for purposes of General Plan revision shall not; affect Developer's rights under this agreement.. (c) If Sate or Federal .laws or regulations enacted after the effective date of .this Agreement or action. by any governmental jurisdiction other than the City prevent or preclude compliance with .one or more provisions ~of this Agreement or require changes in plans, maps, or permits approved by the. City, this .Agreement shall >j'e modified, extended, -5- ~~~;..1 "7 8 ~ N C S or suspended as may be necessary to comply with such State or FederaP .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 Gity 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 shah] apply as of the time of grant of each applicable construction permit. (f) ~ The parties intend this Development Agreement to permit owner to proceed with the orderly construction of the Project without delay. 2.3 Permitted Delays. In addition to provisions of this Agreement, either party's performance shall be excused during any period of delay caused at any time byc (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 insbility 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 offste public facilities required by the: Specific Plan, Financing Plan, or t_he plan set out in Exhibit 2 to this Agreement, if any. Each party shall notify th'e" other party in writing of any delay and. the reasons for it _6_ as soon as ~possib e after the delay has been determined.. Failure to notify the other party shall waive the rights d`e cr.ibed above. The Term of this Agreement shall. be extended by -the period of time Developer is actually delayed. Article 3 OBLlG°ATIONS O.,F 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 t-his Agreement and the Corona/Ely Specific Plan and EIR. In return for Developer participation in the Assessment District, City agrees to grant Developer residential` allotments according to -the terms • and provisions set forth in Section 3.2.5 of this Agreement . 3:1.4 Pay-Off Assessments. Developer agrees to pay-off, in full, the per unit assessment, as determined by the assessment district for Sonoma Mountain Parkway,. on each single-family dwelling to be sold, prior to the .close of escrow.. This provision shall not apply to commercial development or multi-family rental residential projects not requiring the -7- subdivision of land, nor to binds or assessments for the purpose of purchasing, school sites or constructing school facilities. 3.1.5 School Facilities. Developer shall develop funding mechanism(s) to ensure acquisition. of sites' and construction of additional school facilities- to meet the needs of the project to the satisfaction of school districts and the City of Petaluma prior to Final Map approval. 3.1.6 Affordable Housing. Developer acknowledges its obligation to comply with the City of Petaluma requirements regarding affordable housing. For purposes of this Agreement', affordable housing shall. be as def-fined 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 fo lows I. In. cooperation with Sonoma Parkway Company, Developer shall, at the 'time the first final map for the development is approved 'by the City Council,offer by grant deed or dedication a portion of Developer's property which shall total. at least five (5) acres, exclusive of public dedica;tions.. Frontage improvements anal utilities to serve the parcel shall be installed by 'Developer. The parcel. shall. be from property owned by. Sonoma Gateway. 2. De~elop'er shall work with the City of Petaluma to .identify a nonprofit corporation to cons ruct on the parcel no less than eighty-three (83) units of affordable housing for rent and/or for sale. 3. The general location of .the parcel. shall be as shown on the .:map attached to this Agreement as, Exhibit "5". Development of the housing described above shall give due :consideration to the Corona/Ely~~Specific.Plan. Units constructed under this paragraph not ~:~~.~`7~~NCS -8- ,~ otherwise- exempt .from procuring allotrne.nts 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 affordab e housing shall count against the last development year shown in para..graph. 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, an•d 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 a~ffordableJ housing. ' (b) Upon the transfer of the parcel to the City of Petaluma, and completion• (or guaranteed completion.) of .frontage and utility improvements to serve the parcel, Developer shall be deemed to . have satisfied. any obligation it may have to :pay in-lieu fees pursuant to City of .Petaluma Resolution 84-199 N.C.S. .and, an.y successor 'to that Resolution . ' (e;) Construction of the affordable housing shall be performed by the City o,f. Petaluma or i'ts designee.. 3.2 City. 3.2.1 City's Good Faith :In Processing. ,City and Developer acknowledge that ad;dtional.~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 ~~~~.17 ~ ~ N ~ S -q- • for individual phases of the Project, and issuance of all necessary grading, land improvement, and building- permits. City agrees to exercise its discret-ion in connection with such permits and approvals iri good faith ' and in a manner consistent with the terms, eotidi ions and purposes of the Established Development Standards and this Development Agreement. 3.2.2 Benefit District. City .agrees. to create a Benefit Fee District at the same time the Sonoma Mountain Parkway Assessment District is created which shall include all lands in the Corona/Ely Specific Plan Area, except those =participating in said assessment .district. The Benefit Fee shall be established by the City Council according to an Engineer's assessment spread formula for -the Sonoma Mountain .Parkway Assessment District and applied. to the subject properties at the time of development. `Proceeds -collected by the City shall be paid" to the Sonoma Mountain Parkway Assessment District participants; .according to the Participation Schedule set forth in Exhibit 3, regardless whether they are owners of the property at the time of repayment. The Benefit Fee district shall remain in effect for the same length of time as the maturity of the assessment district bonds or twenty years, whichever is greater. 3.2.3 Water' Pressure Zone IV. (a) City agrees to develop Water Pressure Zone 4 .to. serve those= properties -iri '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. x..17 ~.~ ~ ~~ ~ -10- (c) Ci y agrees to permit development of properties affected by limitations in water pressure until construction of 6Vater Pressure Zone 4 is completed,provided an interim water system ..satisfactory to the City Fire Marshal and City Engineer is constructed for use during the construction period un it Water Pressure Zone 4 becomes. operable. 3.2.4 Landscape and Lighting Maintenance Assessment District. De .eloper agrees to support- the formation of and to participate in a landscape and lighting maintenance assessment district created by the Developer and adopted by the City, pursuant to the Landscaping and Lighting Act of 1972, with boundaries co-terminus with the boundaries of the Sonoma 'Mountain Parkway Assessment District plus those landscaped portions of the Parkway in-itially constructed along the frontage of or through properties not participating in the Parkway Assessment District., City shall .create said district at the same time as the assessment district for Sonoma Mountain Parkway. City agrees to require all properties in the Corona/Ely Specific Plan area which develop after or are annexed after the creation of the landscaping and lighting assessment. district to annex to said district as a condition of development approval. 3.2.5 Allotments . City agrees to grant Developer allotments on an annual -basis according to the following schedules 1.990. 67 1991 64 1`992 50 1993 26 1994 25 1995 -0- 1996. -0- Developer shall be exempt from the allotment forfeiture provisions as set forth in Cfiapter 17.26 of the Petaluma Municipal Code (the Residential Growth' `Management Ordinance) and may accumulate unused allotments from f 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 Memor..anda. (a) This Agreement requires close cooperation between City and Developer. Refinements and further development of the Project may require flexibiliay regarding details of the Project which 'are n.ot 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 may enter into such operating memorandum on behalf of the City. LNhether to .enter an operating memorandum shall be optional with the parties. (b) Terms contained within fliis agreement may be amended from time to time by the mutual consent of the parties hereto and only in the same manner as set forth. in Government Code Sections 65867, 68567.5, and 65868 and Article 19.3 of City of Petaluma Zoning Ordinance 1072 N.C.S. 3.4 The City and Developer agree to amend this Agreement upon approval of the Project by the City in order to incorporate all conditions of approval herein. Article 4. SPECIAL RULES REGARDING ALLOTMENTS AND CONSTRUCTION OF UNITS 4.1 Special Rules Regarding Allotments and Construction of Units. (a) Developer ,agrees to commence construction of no more units in a given calendar year than .the number of allotments granted for that year according to schedule set forth in paragraph 3.2.5 above. If Developer commences eonstr.uction on a fewer number of units than allotted for a given calendar year, City agrees in the next succeeding year to allow construction of IOO o 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 be signed by all` Developers and subsequent purchasers and .provided to the Director of 'Planning. ' (c) This agreement regarding allotFnentS 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 allot-merits granted ., ...Developer must proceed through City's standard subdivision map approval proces and abide by all time frames and conditions of approval required through that' process. Article 5 FEES AND CREDITS 5.1 Fees. ,All other development fees shall be the amount determined from time to 'time by the City :Council for application to the City as a whole. A sched'izle 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 f'hose, in Exhibit 4 (including anticipated new traffic. impact feces) so long as; ,and only if; those fees -are .normally required to be paid by developments. on a city-wide basis.. Cify acknowledges it will receive from 'the Sonoma Mountain Parkway Assessment District the sum of One and' One-Half Million Dollars ($1, 50,0 , 000.00 )~ as an. up-front contribution toward. the Corona/Ely offste traffic improvements. City - agrees Developer shall receive adollar-for-dollar credit against its obligation for traffic mitigation fees from. said 'One and One-Half Million Dollar ($1; 500 , 000.00) fund received from the 'Sonoma Mountain Parkway Assessment District in the same percentage reflected in the Participation Schedule attache°d as Exhibit 3 to this Agreement. An accounting of ~~,~~~~~G-~ -14- Developer''s .credit shall be kept and applied ass permits are issued until the • credit is exhausted. 5.2Specific Plan Fee: . Developer--, agrees • to payCorona/Ely Specific Plan fee as authorized ~by GovernmentCode Section 65456~(a) and to be established by • ~ the City Council. City agrees to credit initial per .acre contributions made " by certain developers .for the preparation of the Specific Plan" against the total obligation for the Specific Plan fee. .The credits shall be paid to the person or entity who actually advanced such funds, whether or not the persori~• 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., i# a party defaults under this Development Agreement or any of its. terms or conditions, the party alleging such. default or breach sha~1T, after the expiration of the 30-day period without cure, at its option initiate legal" proceedings andJor give notice of intent to terminate the Development Agreement per Government Code Section 65868. d~~~. ~ 7 ~ ~ N (~ ~ -15- Following such notice of intent t~ terminate, the matter shall be scheduled for consideration and review by the City. Council within 30 days in the manner set forth in Government Code Sections 6586:5, 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 deprive ..either such party of its. right to institute and mairitain'any actions or proceedings which it may deem necessary to protect, assert, or enforce any rights, or remedies. ; Evidence of~ default .may also arise. in the course of the regularly scheduled annual reviews of .this agreement described in Section. 6.2.1 below. 6.2 Annual Review. 6.2.1 .Annual Review . The Gi y .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 fafli compliance with. the terms of -this Development Agreement. Developer shall within 30!.days, after demand by the Planning.. Director .provide a lette"r 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. 612.2 Noncompliance. If the Planning, Director, on the basis of substantial ,evidence, finds that the Developer has not ,complied in good -16- faith with th`e terms of ,this Agreement, he shall specify in writing to Developer the details not in compliance ,within thirty (30) days after the date the Developer''. submittal is deemed complete. The Planning Director shall also specify a ,reasona'ble 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 tune limits prescribed by the Planning Director, or if Developer contests the Planning D`irector's. determination, the matter shall be referred to the City Council'. 6.2.3 Referral to City Council,. I"f the matter is referred to the Ci y Council, the City Council shall schedule a hearing on the referral - not earlier than thirty (30) days after the- matter.'is. referred to it. At the hearing, Developer shall be entitled .to submit :evidence and address all the issues raised in the notice of noncompliance. The Developer's evidence may be in writing or may be taken orally at the hearing before the City Council, or both. If, after receipt 'of any written response of Developer, and .after considering all of the evidence at such public hearing, the City Council finds and 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 .`hall 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 ~~~.1`~~~NC~ -17- noncompliance .specified by the City Council are not perfected within the reasonable time ~liinits prescribed. in the Ci.fy 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 egal action be brought by either party because of breach of t-his 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 wri'ting' of its intent to file litigation thirty (30) days before the .initiation of such litigation. Article 7 MORTGAGEE PROTECTION; CE'R'TAIN RIGHTS OF CURE 7.1 Mortga-gee 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 ("Mortga°ge") . 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 A;gr.eement shall bind any person or entity, .including.. any deed of_ trust beneficiary or mortgagee ("Mortgagee") , who acquired tittle to the Property or any portion of it by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 7.2 Mortgagee_ N.ot 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 impr-ovements pro.vi'ded 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 ~~~~. ~ 8 ~ ~ 1V li S -19- address for service, then City shall deliver `to• Mortgag"ee, at the same time as serv-ice .to Developer, any notice given to, Developer: with :respect to any claim by City that Developer ..has committed an event of default. If City makes a determination of noncompliance, City shall likewise serve notice of noncompliance on Mort,gagee~ at the same time as service on Developer. Each Mortgagee shall 'have fhe riglit 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 ' TRANSFE``RS AND ASSIGNMENTS 8.1 Right tq Assign. Developer shall have the right to sell, assign or trans-fer 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 Develop'er's .interest in the. Property, or a portion of i't. 8.2 '~ Release- Upon ~ Transfer.. Upon. the sale, transfer, or ,assignment of. Developer's rights and inter.esfs.,, '-Developer shall. be released` from its obligations under this Agreement. pertaining to the Property or 'the' portion transferred arising ~~after the :effective date of such transfer O if Developer is not then in :default under this Agreement, (ii) Developer has ,provided to. City notice of such transfer, and (iii). the ,transferee executes and delivers to City a wri ten agreement. in which (A) the name anal address of the transferee is -ZO- 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. Ffailure to d'eliyer 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., modfg°, 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 re'spectiwe 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, su ccessors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable !servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the `State of California. Each covenants to do or refrain from doing some act on the Property or on any City owned property O 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 ~own_erslp of the properties or any portion of them, and' each person or entity „having any interes"t derived in .any manner through any owner of the properties, or any portion of them, and. (iv) shall benefit each party and 'ts ~ property under this .Agreement., any successor. ~.~~.~.7~~NCS -21- Article 9. ' GENERAL PRDVI`SIONS ' 9.1 Project is a Private Undertak~irig. The development contemplated' by f"'his Development Agreement is a .pri.vate 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.: D"eveloper agrees to hold City harmless from ~ any liability ;for damage or claims' for damage for" personal injury, including death, as well as from claims for property damage, which may arise from" the Developer's. operations under this Agreement, excepting suits and actions broug-ht by.the Developer for default of this Agreement or arising from the negligence or willful misconduct of the. City. 9.2 'Notices, .Demands and, Commun-ica.tion"s "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: Delco Builders & Developers 1000 -Burnet Avenue, #150A Concord, California 94520 -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 unenforceable,, the remainder of the provisions shall continue in full force and effect unless the rights and. obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability, provided, that the parties may in an.y event by mutual consentcontinue 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-five (45) pages, including the recitals and .exhibits, which constitute the entire understanding and agreement of the parties. Exhibit "1" Description of: Property; Exhbi.'t "2" Sonoma Mountain Parkway Description; Exhibit. "3!' 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 'Deeveloper shall be recorded in 't`he Official Records of Sonoma County, California. ~~~. ~~'~~~Ci~ -23- 9.6 Estop" pel Certificate . Either- party may, at any time, deliver written notice to other party requesting 'the party to certify in~ wr'ting 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 th'e performance of itsobligations under this Agreement, or if in default, describing the .n;ature and amount of any defaults. A party receping 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 reques"t. 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 Agreeinen't 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'sfied::. (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 -24- necessary under such mechanisms to construct the.' public improvements described in Exhibit 2. 9.9 Conflict of Interest. No member, official or employee of the City shall make or participate in any decision relating to the A,gr,eement 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, :i. 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 i-ndirec'tly, from the operations performed un-der this agreement by Developer. or Developer's contractors,. subcontractors, agents, or employees., whether such operations are performed by Developer or by any of Developers 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- 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 pro;je'et 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 defeneling said action or proceeding. Developer agrees to and shall save, defend, and hold harmless the City from any: and all claims; cows: and liability arising. out of a legal action brought against the City which challenges anp portion of the development agreement . Executed the day and year first written above. Approved as to Form ~~ B~ APPra~ed ~`nan a Off'i /Auditor development agrmt 1 PLAN2 3/15/90 CITY OF` P TALUMA ~ Munici a Corporatio ~ 1 viayo DEVELOPER ~ELCO BUILDERS & DEVELOPERS - ~ Z/Z_3/~~j B Y: Its CHERRY LANE ASSOCIATES By Its !QU' -26- Aft 'City' Clerk ._. ._. U C L ~~ i] F ~~ _ Order No. 86,301-T~ DESCR~FTY01? The . land herein referrQd t:o is srituated in the Statie of California, Count and i;s de°scrbed as £ol_loxs: Y of Sonoma, P.ARCeL 41~E s Lying in To~rnshp 5 .Nort;'h, k'ange.7 West, M, , portion of Lot, 246, Ror~e's 5'ubdivision of the Pet,alumaaRanchonAnd _ being more part~icu'l.arl,y described as f`ol]ovs: Beginning at, a point, on the Westerly L.rie of said Lot - E`as.ter]y link of Lh;e County koad, and from Whieh oinL24shon the SouLherly.co,rne:r o;f the Rachard L. Crane l~~roperpy describ Host Deed-kecarder in Book 3.76 of Deeds, ed in Record , bears Sout:yh 54 degree 33'~East 33661 feeLmdistanty - p- ,4 , g g g n t, thence fron Said oint of be inn~n North ~5 de rees 3'2' 30" East. 7.014 .50 Ceet. Lo .a . point, marked by an iron -pipe on the Ea$te~~ ~ i ne of Lot,. i.o $ poi nt, marked by an iron r 1 y line of Lot 246, ,aforesaidr thence a.Iong sapd Easterlyelnero~. North SA degrees 33' ~We°,~t 486.52 feet, t.o,, a iron pipe; thence Soutrh 35 'degrees 32' 3`0° ~e9t,o1470.0Ari'eet.bLOaa point. marked by an. iron pipe? l.Aence South 54 degrees ~ 33' East 4OU.0'0 feet to s point marked by an iron i e thence South 35 ' - degrees .32' 30" West s94, 50T-feet to a ~poinl. marJred by an iron. P1Pe on the Ea°s ,eriy ~lne~ of; the County Road. aforementioned r thence along, said ;Yin°s South 54 degrees. 33 East 86.,52 feet. to - the point. of begin'ninq, Fxceptxng _th;erefrom that, portaon conveyed to Fi s Ba.pLlst Church o£ l'et.eluma b.y~ lleed re;cor.ded July 19, 19fi6Jntbook 2 2-2.1 of Of~"f i c;a l Records , Page ..:2'q 5 , Sono~aa County Records . PARCEL 'P'~0 ; - Lyinq i n Tax,~nship t Not"'th, Range 7 ~:est, M.D.B. ~ M. , and bean a por ioc1 ot.` Loa 246,, RoWe's Subdivision of the Praalum$ Rancho and bei"ng more pa~rb,icularly described as follows: teoN'T1 ~ .~ ~~~.~~'~~NC EXHIBIT, 1 Pagel of 2 h10N L 1 .~3 LELCQ P ~~ _: Order No. 8630!-io Beginn.in;g, a,t a.°point marked by a 2" iron pipe on the Hesterly 1 ine of ;said Loa; 246 o;n the Easter. y 1 i ne of the 'County Road , said poi°n.1. bei,n,g k.h~e most Sou,thec'ly .corner of that tract oC land deeded t;.o Ruse-l :1 and Engre Donogh b:y D:eed reco`rd'e:d in Book 591 oL' Ok~;lCldl Records, Page 361, Sonoma County Recordsr thence Crom saidpoint, of beginning and along the Easterlyline of •said Donogh pr~ope'rty North 35~ degrees 32' 30" East 2014..50 feet, to. a point marked by ,an iron pipe on the Easterly line of Lot 296, at'oresaid; thence along said. easterly .fine. South 54~degrees 33' East, 48'6.52 t'eet t,o~ a point mark'~ed by an i ro;n pi p.e ; thence Soutla 3a degrees 32' 30" .West •2014.50 feet. to. a point aaarked by an iron pipe on'the Easterly .lime North 5-0 degrees 33' hest 48b.52 feet, to the point. of beginning. Excepting fromparcels one and two l.hat portion conveyed to the County of Sonoma fo:r road purpose-s by. Deed recorded July 8,.1966 in Gook -22,19. of OfE'ci.al Records, Page 453. A.E'. No.: 13'6-120-15' EXHIBIT 1 Page 2 of 2 BXHIBIT 2 C~RUNA-ELY SPECIFIC PLAN kSSESSMENT DISTRICT P'RE!_IM.INARY SPREAD N~. 5 The major public improvements that are anticipated to be constructed by the Assessment District within the Specific Plan Area~are Ilsted below. There may be other;imp,rovements included irl~th© Ass©ssme'n# District required by the City of Petaluma~which are not included in this preliminary description of work. a. EIy Boulevard and Sonoma PIlIt. Parkway These streets -are anticipated to be constructed pe'r the alignment shown in the Corona-Ely Specific Plan • from approximately 700 feet north of Washington Street to North McDowell Boulevard.. EIy .Road in the county is presently a straight two-lane country read from Corona Road to the present city 1lrnits. Ely Boulevard within, the city is presently improved. .along its westerly haI# from the present city limits at Morning. Star Subdivision to wi hin 700 feot of Washington Street where `ull improvements 8zist. Ely Boulevard is proposed to be renamed Sonoma Mt: Parkway and is shown having two trave lanes with Class Ifb Bike - Lanes and a landscaped median in. the Corona-Ely Speei'1' c Plan. Landscaping with backon treatment is anticipated to be required of developers along Son'om:a Mt. Parkway as part of the subdivision rmprove;rnents, The typical section. to be constructed by the Assessment Dlsfrict is 52 feet wide from curb to curb with a landscaped median in the pr..esent right. of way o;r 64 feet ± of right of way from the Bollinger property to Corona Road. Ei.y Boulevard is anticipat©d to be constructed as a ;two lane collector from Sonoma Mt. Parkway to Corona Road with curb; gutter, drainage, water main, and sanitary sewers in the existing 80 foot right-of-way. Walls, fences, landscaping, lighting, sidewalks and paths, u~nderg-round utlli.tles or :Corona ~C'reek improvements from Ely B'ouievard to North McDowell Boulevard Would not be a part of the Assessment District but constructed. with development. ~~~9 ~~'~IVG •Page 1 of 2 EXHIBIT 2 B_ Sewer Trunks A new trunk sewer pipe is necesary to serve 'the ,northerly prctiort of the Specific Plan area o be constructed from the railroad tracks at Corona Road in Corona Road to Sonoma Nit. Parkway and in ~oncma lv"t. Parkway to tfie future junior~college site. The southerly portion of`fh;a Specific Plan area abave E!y Road from the property south of the ;jun,for college site to Lynch Creak would be served by a new trunk sewer ext°end'ed northerly and southerly in E!y Bdu!evard from the presently stubbed 12 inch sewer at Rainier Avenue. C_ Water Mains A 12 inch main. exists in Eiy E3oulevard from Vllas.hington Street to Capri Creek at th'e northerly city limits, Anew water main would have to be constructed from the Present city limits to the Sonoma Ceunty Water Agency aquaduct a€ the Northwestern Paeifi.e Railroad tracks at Corona Road,, in Sonoma Mt. Parkway, and a new Ovater main constructed in Ely Road from Sonama 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 Efy Road above the 60 foot el~evati~on. D. Creeks end Drainage. Cortstruct paral ei and. (aferal drainage systems within the public street right-of'=way i;ncluding the Lynch Creek, Capri Creek, and Corona Creek cross :culverts on Eiy Road. and Sonoma~Mt. Parkway. Make temporary open, ditch. improvements to Corona Creek from Ely Road to McDowell Boulevard. or an alte"rnati~e pipe system. 6t is assumed that. all other drainage: work outside tiie constructed E_ly Road and Sonoma Mt., Parkway right-of..-ways° required as part of the Corona-Ely Speciflc Plan-viii be done by developers. ~._/ e 2 o f Z EXHIBIT 3 Participation Schedule_ Sonoma Parkway Company 36% McBail Company 30% , Cherry Lane Associates lI% Quaker Hill Development Corporation/ 16% _ Ross Blackburn . B-T Land Development, Inc. ~ 7% TOTAL 100% SPECIAL DEVELOPMENT FEES Prepared By - ~ ..City of Pe~tai urria Co~m nunity, Planning & Development Dept. - febrnary 7, 199Q D D. ~~~~o ~'~~~iC SPECIAL DEVELOPMENT FEES This booklet ~s a collection of .general descriptions of special development .fees imposed. on new coristructio_n in the City of Petaluma. It is intended to serve as a general guideline describing` when a fee applies, ho.w 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 Construe ion Park and Recreation Land .Improvements School .Facilities In-Lieu for Provision of Low Income Housing Applicants should be aware that .all fees are subject tb change by Council action, Current fees hould be confirmed. For further information contact the Community Development and Planning Department, 11 English Street; Petaluma, CA. 94952, phone 707/778-43'01. 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 i dustrial, and, industrial. Residential users pay $2 , 5.50.00 per unit (Accessory 'Dwe'lling $-1,000.00). Non=resden'tial~ (excluding industrial) user.s~. pay a fee based upon the :mumber of fixtures ~ installed, $2 , 550.00 minimum. Industrial users fee is determined 'by individual application. TIME O,F 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 #:1.543 Resolution #114 April 27, 1987 . 2 , WATER CONNECTION FEES A: P'PLICAB`ILITY` _ Any new connection into the City .water system must• pay, a connection fee. . Charges are 'based upon the .size- of the meter. Service. charges are applied .when the City taps the main for the connection and installs, the service and the meter box. A $3'25..0'0 credit may- be app'-led when water mains .and services are consfruc ed and financed by the developer (15.08.0'40 ).. CALCULATION OF FEE°: Water connection fees .are established by resolution of the City Council. . Currently, the average single family home in a' 'sub'division which installs water mains and sere"ces will. pay $1,290.0`0 minus $325.00 credit ~ for each 6, 500 square. feet of lot being served'. An individual .home built on an existing parcel and requiring the' services- of the City for =tapping the main will pay $:1,635..00. . ' TIME OF PAYMENT: Water connection fees are. paid: to the City Water Department, prior to having a water meter sets and service connected. All fees must be paid` before final occupancy will be approved by the Building Department. Municipal Code 15.08 Ordinance #'125!2 ~ ,, Resolution #921.4 & #88-93 25 April, 1988 • ~. 3 COMMUNITY FACIL'ITIE'S'•DEVELOPMENT 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 anew structure or addition to: anon-residential structure, addition ~of one or more residential dwelling units on a developed parcel, except an accessory d"wellimg ~-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 $18,4"16.00 per acre for new development, $1.3 per square oot for "builidng additions. c TIME OF PAYMENT.: Fees are due and payable prior to the "issuance of a building permit. Municipal Code- 17.14 Ordinance.#1311, 1383, 1449, 1469, 1680 Revised February 7,1990 Q~~~. ~~~~~~~ 4 STORM DRAINAGE IM'PA"GT FEES PURPOSE: In September 1982, the Petaluma.; Cify Council established Storm Drainage Impact Fees as a means. of mitigating storm drainage impacts occurring as a result of deve,lopment!. The criteria estab is~hed, ,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 •Cty Engineer, .either provide on or off-site detention equal to the ca culated increase; or pay fees. Residential. projects which create an increase in normal runoff of two-acre feet or less are required` to pay' Tfees. Commercial. and industrial projects have the option of either paying fees or providing on ~or off-site .d'etenti'on areas equal to the calculated increase in runoff . CALCULATION OF THE FEE: ' Runoff Com .utation e e increase in runoff created by a gvenr' project is calculated for a 100-year ,storm, utilizing ,runoff coefficients "based upon the proportion of vegetated area to ;impervious sur"faces, and expressed in acre-feet. "Runoff coefficients. are' based upon 'the. type of use, slope .of the' land, and percent of vegetafi'gn" coverage. . Commercia'1/Irdustral ,projects pa,y a fee of~ ~ $30,-000 per -acre foot of" additiona . "rung :. The amount of incremental runoff created is directly .linked to `the ;amount. of landscaping provided'. The maximum. fee pos_ stile is $.9",0.00 per .acre of •land.. This .would apply to a project with 20$ or less landscaping, A. ,project with 25$ landscap.i=ng .can expect a fee of $6, 750 per acre, 30$ would pag $b,;300•per acre, and'. so on. Residential proj'ects~ pay a fee of $15,000 per :acre :foot" of additional runoff. Incrementa`1 runoff, is .dependent upon the density .of a project and the amount ~of ,landscaping and open space prodide:d.. A high density project with 20$ or less area in landscaping could expect to pay $4,500 per acre. A typical; detached single family subdivision would pay approximately $1,500 per acre. 5' 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 - Ordnance #1.530,15'47 -- Resolution #9564,9565,9751 June 2, 1986 D'WELLI'NG CON'STR'UCTION FEE PURPOSE=: Often referred. to as the "bedroom .tax., " this fee provides funds for expansion of park and recreational facilities. APPLICABILITY .Every dwelling .unit constructed in the city, except where" a subdivision of real property is involved (see Park and Recreation Land Improvements Fee) , is required to pap a dwelling construction fee. Projects which exceed four units on a single parce of land are subject to Park and Recreation Land Improvement Fees 'instead. AMOUNT OF FEE: For projee'ts 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:.~OA is collected for each additional bedroom, up to a maximum of $240.00. Th.e 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. #9`32, .1074, 1383: Revised December 5, -1988 ~~~. ~~~~N~S 7 PARK AND RECREATION LAND -IMPROVEMENTS FEE PURPOSE: The purpose of the Park a~n,d Recreation Land Improvements Fee is to providefunds .for- the acquisition, development, .and improvement of neighborhood and community park and .recreati'on facilities. APPLICABILITY: Any residential .project which involves the s:iz;b:diyision of land and any project which exceeds. four dwe`11ing units on a single parcel of land. CALCULATION OF FEE': The amount of fe,e is., based upon the density of the project, and on the fair market value . of parkland and the cost of improvements as established annually by- City Council .Resolution.. Th'e 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 .00'95 1U.6 to 2::5.5 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 which exceed four units on a single parcel of 'land use 1.8 persons per unit as a basis for calculating fees. OPTIONS FOR COMPLIA'N,CE: This ordinance also provides for crediting projects that dedicate. and improve designated .public park sites. TIME~OF PAYMENT: .Park a_nd 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. M.un'cipal .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 providing sites and/or financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. • APPLICABILITY A school facilities fee musf be paid for every residential dwelling unit or addition bui°lt 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/sq.ft.* Petaluma $ 1.15 / sq . ft . * _ Waugh $ 1.50/sq.ft.;* Non-Residential Old Adobe ~ $ .25/sq.ft.* Waugh• $ .25/sq.ft.* TIME OF PAYMENT 'School facilities fee is paid, prior. to issuance of a building permit. * Fees are: ;paid directlp 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 #137?:, 1512 Resolutions #84-,165, 85-183,' 85-184, 87-7, 87-25 Revised" December 5 , 1;958 9 IN-LTEU~ FEES FOR PRbVISTON OE VERY LOW, LOW AND I~4`ODE`RATE I'NCOI~tE HOUSING PURPOSE The purpose of the In-Lieu Fee is to provide an option for developers to compay with Program 12 (ii'i') 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-I5$ 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 various programs to assist 'in the .provision of low and very low income housing opportunities in Petaluma. A`PPLICAB`ILITY This policy applies to residential developments with 5 units or more. CALCULATION OF FE'E Fees are calculated based upon. :a schedule adopted by resolution of the City Council (Reso ution 84-I99) . Fees are based upon the .actual sales price of lot and home, or in the .case of custom home lots, the estimated value of lot and home. OPTIONS FOR COMPLIANCE Payment of in-lieu fees -is one of several options available for meeting the requirements for low income housing . Other .options include but are not limited. to provision of 8-15$` of the units' for' rental or sale at prices affordable to very ,low, low and moderate income households, or dedication of -land to the City to be used as a site for :affordable housing. TIME OF PAYMENT In-lieu. fees are collected on behalf of the .City of Petaluma at the time- the escrow is closed on, the sale of each lot or residential unit. A recorded agreement :establishes terms of .payment. 3n}p-~~;-}985 May 23, 1988 ~o ~. ~. 10 ~ ~ ,. IN-LIE'U HOUSLNG FEE' CHART Sales Price .Lot and House ~ Fee Under $75, 000 0 $ 75,000 - $79,.999 $' 150 per unit $ 80,000 - $84,999 .240 per unit $ 85,000 - $89.,999 425 per unit $ 90,000 - $94,999 - =900 per unit $ 95 , 000 - $99 , 9.99 1, 4'25 per unit $1.00,000 - $10'4.,999 2,000 per unit $105 , 000 - $109 , 499 ~ 2 ,100 per unit $110,000 - $114,999 2,200 per unit $115,00.0 -. $119,,999 ~ 2,300 per unit $120 , 000 - Over 2 , 400 per unit 23 May 1988 special. deve'lopment.fees/pd9 ~ - .. 11 ~ - ._ - - . ; _ . .. ;~ ~ a atom ^~I. ~ _n^ - `~~ .'. ,h.tnlgr" SGhaoY' ,~ •,:., ~ ~ _ _ .-. ~ . ~ i~ig h __~ ,~trb ~B n d~d rte. - " • . ; ~, 7._,...~. Ac~e's° .~ IJp toga alf(AG_ ~ _~ R ~- 3' ~ .lJiCar~~paratof I `'` '~. 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