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HomeMy WebLinkAboutOrdinance 1788 N.C.S. 02/20/1990EFFECTIVE Tf ORDINANCEOF MAR 2 2 1990 Introduced by: Lynn Woolsey M]'3 1 549 ORDINANCE NO. 1788 N.C.S. 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 9 U3549 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 N5,6oZol16,,w 1&9Z.94 GA T T/ NlJRSER Y 1't/C. 34,13 O. R. 9'& 7 :, c) J 2 -98 )L(-/A1GEfc n/0. 87-093940 ADO" E MI CAI�cK Z�GI O•R. 4B/ 50A141-1A Assoc. 0359 0.K. 9Z5 /Co ' ® `/95T -5oarP6XAJ CAPTI5T C/w�N SANTA ROSA OF PETAL.UI'IA JR. coLEGEw ZZZI v•K• 045' b/S`TR/C T DOC . A/0. �— �� J 66 - 06 756& 5iA✓AAY /a ' 8Z-o31W ELy /POAD i 5,54034'58'6- m 0 In I W N M`L3AIL CO.- 0 OOC. A/O. $5-048 /I/ N' AA 6XATIOAI ° 322 mAPS /3 1> 2 (3 9. 7G PETALUMA tA14T, ER DEPT. ANNEXATIoAJ 83 MAPS 8 �J AIOR`r 4 P6TAC c MA ORGAN/ Z AT l0tl A1O- 314-- I-lAP3 /5 /V5¢°33 ,00"w CA0ER 18443. Z7 3366, O.e, 696, M- CADEr- ZZ950 e 4551, CA Die 1593 0. K. 42 5551 3�' s8" IE I 4&99.86 QJAKER %l/L� DEVELOPMENT CoKi ppC. N0. 88-OZ8G�-/ pEa/MAA! AMAJLcXAT/OlkJ /44v MAPS /6 1JoR`rN6,&S-r PETAc tJM qAW6i;4 7-/Orl A10. / l I y AAN6XATiOAJ MA PS 56 O Z 0 400 GOO /OC GRA PP I C 5CA L E (GEE (Vv l GApcK N5.0020'!8"W 11092.94 -►L� N5¢ Soti/oMa Assoc. 2359 o.R, 9Z5 ��. Ir ,f. G,4 T T! NUR5ER'Y 0& 7 ® FIRST SoUrHeR�l ® CAPT/ST 014OK04 SANTA ROSA OF PETALL)14A ✓R- COLU•R• Z¢5 b/s TA'/CT ,00c . wo. / 7, 96 - 067566, OGC hl � �Tl 298 )L (-/n/G Efc A/0. P,-7-09394O 3'00" E �. 90 M. ELY POAO i ^ 554034'58"5- h'1 O N M`13A/L Co.' 0 DOC. n/D. 85 -048 rl/ WAC N AN EXA7-IOA! 322 MAPS /3 2 063 -7G PErALUMA IA/A,TER . 06PAAINEXA_r Oj 85 MAP-5 6 J n/O�P`TN P67-ALUMA X6o 9GAA ZAT /Oa/ A J/O• S' 3/4- /"PAPS. l 5 %Y ANW6xATlaAJ 01, NS¢°33'c�o"i'V CA ID ER /843. Z7 33(-' G O.R. %BCo C,4DEr Z295 o p 4455 CA DEK /593 O.K. 4-Z 5.5¢° .3¢' sB" IE 4&99.86 QJAKEK NIL r>E�ELOPMENT CoR DOc nJo.88-oZ8�4/ D6AJMAN ANNEJCAT /Ol-1 A/D • s / 4 & MAPS /6, /jo,pr 6,4sr PETAC.[W" 1 AAIA1 EXA r 10PJ A/D. / / Z79 r%A PS / 0 2cY� 00o �0�/ot GRA A-1 l G 5CA I- E (FE' DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALUMA AND DELCO, BUILDERS & DEVELOPERS AND CHERRY. •LANE. ASSOCIATES FOR THE DEVELOPMENT KNOWN 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 65869.5 of the Government Code. RF('T rAT.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 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 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 -; �1-16tc) -1- ORD. 17 88 N C S detail the type and density of development within the area controlled by public improvements, circulation, and other"requirementsfor 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 plannned residential district totaling 95 single family dwellings. G. -The following development approvals and policies have been adopted by the City and applied to the Project: 1. The General Plan and Specific :Plan provide for numerous land use;; public improvement and other development policies related to the Property and the Project. 'The Project :shall be consistent with, the General Plan and Specific Plan. 2 . The! , City agrees to grant residential allotments, to the Project . on an annual basis according to the schedule contained in paragraph 3.2.5 below. 3. The' Environmental Impact Report (EIR) for the Corona/Ely Specific Plan has been determined to have an effective life of seven (7) -2- years, beyond which -additional environmental review may be required by the City, 4.. The approvals and development ,policies described- above g 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 *greement will :in turn 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 imp`lementa,f'ion is in the best interest of the City and- the _ health, safety, and welfare of its residents -3- Wit,. 1 7 8 8 N C S AGREEMENT NOW,, THEREFORE, it is agreed by the City .and Developer as follows: Article 1 PROPERTY AND TERM 1..1 Property Subject to this Development Agreement. All of the Property described in Exhibit "1" shall be subject to this Development Agreement. The parties intend that the provisions of this Development Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall bind and inure to all the successors in interest to the parties until such time as this Development Agreement' expires, is cancelled or is terminated per the provisions herein. 1.2 Term. The term of this Development Agreement shall commence upon the effective date of the ordinance approving this Development Agreement and shall continue until 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: -4- ORD. I788NCS (1) The General Plan as of the date of this Agreement; (2) The Specific Plan; . (3) All Conditions of Project Approval as adopted by the City Council incorporated into this Agreement by amendment. 2:2 Rules, Regulations and Official Policies-. (a) This Development Agreement and the rights of Developer to complete construction of the Project pursuant to this -Development Agreement shall not be affected by any subsequent ordinance, resolution, policy, plan, or rule the effect of which would limit the number, size, or amount -of residential development as permitted by Paragraph 3.2.7 or other development or improvements consistent with the Established Development 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 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 be modified, extended, -5- 1"Ji.1"6 8 NCS 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 City approvals, permits, and entitlements shall be subject to. development. and processing fees and taxes within the control of the City which are in., force and effect as of the date of the application. (e) Codes, ordinances, and regulations relating to construction standards or permits shall apply as of the time of grant of each applicable construction permit. (f) ' The parties intend this Development Agreement to permit owner to proceed with the, orderly construction of the Project without delay. 2.3 Permitted Delays. In addition to provisions of this Agreement, either party's performance shall be excused during any period of delay caused at any time 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 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 s8N CS -6- as soon as possible after the delay has been determined. Failure to notify the other party shall waive the rights d`escr.bed above. The Term of this Agreement shall be extended by -the period of time Developer is actually delayed. Article 3 OBLTG°ATIONS QF 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 escrow. This provision shall not apply to commercial development or multi -family rental residential projects not requiring the opm.1788NCS.. -7- subdivision of land, nor to bonds or, assessments for the purpose of purchasing. school sites or constructing school facilities. 3.1.5 School Facilities. Developer shall develop funding mechanism(s) to ensure acquisition of sites' and construction of additional school facilities to meet the needs of the project to the satisfaction of school districts and the City of Petaluma prior to Final Map approval. 3.1.6 Affordable Housing. Developer acknowledges its obligation to comply with the City of Petaluma requirements regarding affordable housing. For purposes of this Agreement', affordable housing shall be as defined by the General Plan., and it is the intent of the City Council that the majority of affordable housing within the Corona/Ely Specific Plan area be owner occupied. In order to meet that obligation, Developer agrees as follows: 1. In. cooperation with 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 dedications Frontage improvements and utilities to serve the parcel shall be installed by'Developer. The parcel shall be from property owned by. Sonoma Gateway. 2. Developer shall work with the City of Petaluma to .identify a nonprofit corporation to construct on the parcel no less than 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 "511. Development of the housing described above shall give due :consideration to the Corona/Ely�Specific.Plan. Units constructed under this paragraph not �:RD.1 7 8 8 N C I Im otherwise exempt from procuring allotments pursuant to the Residential Growth Management Ordinance shall count. against the allotments assigned to the Property pursuant to paragraph 3.2A of this Agreement. Allot- ments used for affordable housing shall count against the last development year shown in paragraph. 3.2.5, regardless of the year of construction. In consideration of the Developer's promises set out above, and conditioned upon the satisfaction of each of them, City agrees. as follows (a) Upon the transfer of the parcel to the City of Petaluma, and completion -(or guaranteed completion) of frontage and utility improvements to serve the parcel, Developer: shall be deemed to have satisfied the .requirements of the Housing Element of the Petaluma General Plan regarding providing affordable- housing. (b) Upon the transfer of the parcel to the City of Petaluma, and completion, (or guaranteed' completion) of frontage and utility improvements to serve the parcel, Developer shall be deemed to have satisfied any obligation it may have to pay in -lieu fees pursuant to City of Petaluma 'Resolution 84-199 N.C.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 -9- �.17 8 8 N C S for individual phases of the Project, and issuance of all necessary grading, land improvement, and building permits. City agrees to exercise its discretion in connection with such permits and approvals in good ' faith and in a manner consistent with the terms, conditions and purposes of the Established Development Standards and this Development Agreement. 3.2.2 Benefit District. City agrees to create a Benefit Fee District at the same time the Sonoma Mountain Parkway Assessment District is created which shall include all lands in the Corona/Ely Specific Plan Area, except those 'participating in said assessment district. The Benefit Fee shall be established by the City Council according to an Engineer's assessment spread formula for the Sonoma Mountain Parkway Assessment District and applied to the subject properties at the time of development. Proceeds _collected by the City shall be paid to the Sonoma Mountain Parkway Assessment District participants; .according to the Participation Schedule set forth in Exhibit 3, regardless whether they are owners of the property at the time of repayment. The Benefit Fee district shall remain in effect for the same length of time as the maturity of the assessment district bonds or twenty years, whichever is greater. 3.2.3 Water' Pressure Zone IV. (a) City agrees to develop Water Pressure Zone 4 .to. serve those= properties in the Corona/Ely Specific Plan Area east of Sonoma Mountain. 'Parkway. 'City further agrees to pay for the design and construction of Water Pressure Zone 4, to; begin construction at 'the earliest possible date., 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. ORD..17 8.8 N C' S -10- (c) City agrees to permit development of properties affected by limitations in water pressure until construction of Water Pressure Zone 4 is completed,provided an interim water system satisfactory to the City Fire Marshal and City Engineer is constructed for use during the construction period until Water Pressure Zone 4 becomes operable. 3.2.4 Landscape and Lighting Maintenance Assessment District. Developer agrees to support the formation of and to participate in a landscape and lighting maintenance assessment district created by the Developer and adopted by the City, pursuant to the Landscaping and Lighting Act of 1972, with boundaries co -terminus with the boundaries of the Sonoma Mountain Parkway Assessment District plus those landscaped portions of the Parkway 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 1992 50 1993 26 1994 25 1995 -0- 1996. -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 .1788NCS 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 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 -12- ORD. 17 8 8 N CS, 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 19.3 of City of Petaluma Zoning Ordinance 1072 N.C.S. 3.4 The City and Developer agree to amend this Agreement upon approval of the Project by the City in order to incorporate all conditions of approval herein. Article 4. SPECIAL RULES REGARDING ALLOTMENTS AND CONSTRUCTION OF UNITS 4.1 Special Rules Regarding Allotments and Construction of Units. (a) Developer agrees to commence construction of no more units in a given calendar year ' than the number of allotments granted for that year according to schedule set forth in paragraph 3.2.5 above. If Developer 'commences construction on a fewer number of units than allotted for a given calendar year, City agrees in the next succeeding year to allow construction of I00 % of the allotted units for that particular year plus 50% of the total number units unbuilt from the previous year(s) . This provisions will remain in effect until the inventory of unbuilt units is used up (b) If Developer -sells a portion of his property, the Developer shall determine the number of allotments to be transferred with the property sold and determine in which allotment year the transfer of those allotments will take place so long as such transfer conforms with the Established Development Standards. An acknowledgment of division , of. allotments shall -13- O ➢D.178SNLS 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 thatprocess. Article 5 FEES AND CREDITS 5.1 Fees. All other development fees shall be the amount determined from time to time by the City :Council for application to the City as a whole. A schedule of the fees in effect on the date -of this Agreement is attached as Exhibit' 4 to this Agreement. City may increase existing fees or impose fees in addition to those. in Exhibit 4 (including anticipated new traffic, impact feees) so long as; ,and only if, those fees are normally required to be paid by developments. on a city-wide basis.'. City acknowledges it will receive from the Sonoma Mountain Parkway Assessment District the sum of One and One -Half Million Dollars ($1, 50,0 , 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; 500 , 000.00) fund received from the 'Sonoma Mountain Parkway Assessment District in the same percentage reflected in the Participation Schedule attached as Exhibit 3 to this Agreement. An accounting of ORD. 1788N CS -14- Developer'scredit shall be kept and applied ass permits are issued until the credit is exhausted. 5.2 'Specific Plan Fee. Developer-, agrees • to pay -Corona/Ely Specific Plan fee as authorized 'by Government -Code Section 65456,(a) and to be established by the City Council. City agrees to credit initial per acre contributions made by certain developers for the preparation of the Specific Plan against the total obligation for the Specific Plan fee. The credits shall be paid to the person or entity who actually advanced such funds, whether or not the person, or entity owns the property at the time the credit accrues. Article 6 DEFAULT, REMEDIES, TERMINATION 6.1 General Provisions. Subject to extensions of time by mutual consent in writing, or as otherwise provided .in this agreement, failure or delay by either party to take reasonable steps in "good faith to perform any term or provision of this Development Agreement for a period, of 30 days after written notice thereof from the other .party constitutes a default:. Such notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured. ' Subject to extensions of time by mutual consent- in. writing, if a party defaults under this Development Agreement or any of its. terms or conditions, the party alleging such default or breach shall, after the expiration of the 30-day period without cure, at its option initiate legal. proceedings and/or give notice of intent to terminate the Development Agreement per Government Code Section 65868. -15- Following such notice of intent to 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 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 deprive either such party of its right to institute and maintain'any actions or proceedings which it may deem necessary to protect, assert, or enforce any rights or remedies. Evidence of, default may also arise in the course of the regularly scheduled annual reviews of this agreement described in Section 6.2.1 below. 6.2 Annual Review. 6.2.1 Annual Review. The City shall review compliance with the terms, covenants' and conditions of this Development Agreement at least once every twelve (12) months, at which time the Developer, or any successor or, successors. in interest thereto, may be required to demonstrate good faith compliance with the terms of this Development Agreement. Developer shall within 3Or. 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 ORD. i788N -16- faith with th`a terms of this Agreement, he shall specify in writing to Developer the details not in compliance ,within thirty ('30) days after the date the Developer''.s submittal is deemed complete. The Planning Director shall also specify a ,reasonable time for Developer to meet the terms of compliance, which time shall be not less than thirty (30) days, and shall be reasonably related to the time necessary to bring Developer's performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Director are not perfected with the reasonable time limits prescribed by the Planning Director, or if Developer contests the Planning Director's determination, the matter shall be referred to the City Council. 6.2.3 Referral to City Council. I"f the matter is referred to the City Council, the City Council shall schedule a hearing on the referral not earlier than thirty (30) days after the- matter 'is. referred to 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 -17- 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 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_ 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 -19- ORD. 17 88NCS address for service, then City shall deliver `to• Mortgagee, 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 Mortgagee' at the same time as service on Developer. Each -Mortgagee shall -hS Lve 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 inter.ests.,. '-Developer shall, be released` from its obligation's 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 written agreement in which (A) the name and address of- the transferee is Orb. 17 88 N CS -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, 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 M is for the benefit of the properties and is a" burden upon them, (ii) runs with the properties, and (i) binds each party and each successive„owner. during - iis-ownership of the properties or any portion of them, and, each person or entity „having any interest derived in .any manner through any owner of the properties, or any portion of them, and (iv) shall benefit each party and its property under this . Agreement, any successor. i4C Article 9. GENERAL PROVISIONS 9.1 Project is a Private Undertaking. The development contemplated' by this Development Agreement is a .private development. The City has no interest in the Project and no responsibility for or duty to third. persons concerning any improvements to the Property. Developer shall have full power over and exclusive control of the Property subject only to -the 1irriitations -,and obligations of the Developer under this Development Agreement.. Developer agrees to hold City harmless from 'any liability ;for damage or claimsfor damage for_ personal injury, including death, as well as from claims for property damage, which may arise from the Developer's operations under this Agreement, excepting suits and actions brought by -the Developer for default of this Agreement or arising from the negligence or willful misconduct of the City. 9.2 'Notices, .Demands and, Communications Between the Parties. Written notices, demands, correspondence and communications between the City and the Developer shall be sufficiently given if deposited in the United States mail, postage prepaid, return receipt requested, to the ' offices of . the City and the Developer- below. A party may change its address ' for notices by giving notice in writingto 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 ORD. 1788NO -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 any event by mutual consent continue any or all of, such remaining ,provisions in full force and effect. 9.5Entire 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; Exhibit "2" Sonoma Mountain Parkway Description; Exhibit. "P 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 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 execute and return the certificate or give a written detailed response explaining why it will not do so within thirty (30) days following the receipt of the request. The Planning Director of City shall have the authority to execute any certificate requested by Developer. 'City acknowledges that a certificate may be relied upon by transferees and Mortgagees. 9.7 Construction. This Agreement and its Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any party. 9.8 Conditions. The terms and obligations of this Development Agreement shall become effective when,, and only when, all of the following conditions have been, 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 ORD. 1-7 88 N CS -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 under 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 ORD. 17 880 N C 8 -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 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 L:3 Aft 'City' Clerk Approved `non a Off'i' ' /Auditor development agrmi 1 PLAN2 3/15/90 CITY OF P TALUMA k Munici a Corporatio � 1 via' yo 3EVELOPER DELCO BUILDERS & DEVELOPERS Z/;731 BY Its CHERRY LANE' ASSOCIATES' Its ORD. 1788NC!3 -26- U C L 1- 13 Order.No. 86,301-TO DESCRIPTYON Theland herein referred to is situated in the State o' California, Count and is described as follows: y of Sonoma, P.A.RCEL OBE s Lying in Township 5 Mb;eC'h, Kange.7 West, M, , and b' Portion of Lot, 246, Rove's Subdivision of the Petaluma. RanchonAnd being more Particu'l.arl,y described as follows.. Beginning at a point on the Westerly line of said Lot. E`as.Lerly line of th;e County koad, and from Whieh Point 246- on the So utherly.co,rne.r Of the Richard L. Crane property describehe d Deed-kecorder in Book 376 0£ Deeds, ed in So Records, bears Sout;yh 54 degrees 33'�East 336�61 feetmdistanL, p- ,4 g n L, Lhence from Said oint of beginningNorth �5 de rees 3'2' 30" East. 2014.50 feet Lo .a . point+ marked by an iron pipe on the Ea$tel line of Lot, to a poi nt, marked by an iron r 1 y line of Lot 246, aforesaid+ thence along sapd Easterlyelnero. North 54 degrees 33' Ne°,�t 486,52 feet to, a omarked iron pipe; Lhcnce South 35 'degree-9 32' 30° West1470.00 feetbtoaa Point marked by an. iron pipet Lhtnce South 4OU.0'0 fe54 degrees 33' East et to s point marked by an iron i e then degrees .32' 30ce South 35 " West 594.,50T-feet to a point marked, by an iron thence Pipe on the Ea°s ,erly line of the County Road. aforementioned; ce along, said ;line South 54 degrees_ 33 East. 86,52 the point oC begin'ning, feet. to Exce: P 4 ng _t.horefrom that, portion conveyed Lo First hern Ba.pL�st Church Of Petaluma by, Deed re;cor.ded July 19, 1966Jintbook 22-a i of 06f iclial Records, Page.,. 2'46, Sonoma. County Records. PARCEL yviD, Lying in Township t Nor'th, Range 7 West, M.D. B. 6 M. , a por .ioc1 ot.` Land beano:t 246, RoWe's Subdivision of the Petaland being more parrt-iCularly described as followsum$ Rsncho : (t:ON'T) EXHIBIT, 1 Page 1 of 2 --------------------------- - - - - ------------------ - - - - -- ------------------ r•1oN 1 1 . 33 DELCQ P - I'D. Order No. 8630i-io Beginn.insg, at a.°point marked b.y a 2" iron pipe on the Westerly line of ;said Loa; 246 on the Easterly line of the 'County Road, said poi°n,L being th,,e most Souther'ly corner of that tract of land deeded t.o R-usse-1:1 and Engre Donogh ty Deed reco;rd'e:d in Book 591 of Official Records, Page '851, Sonoma County Recordsr thence from said -po.nti of beginning and along the Easterly line 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 246, aforesaid; thence along said. Easterly fine South 54 degree:s 33' East 48'6. 52 feet Lo- a point mark�ed by an i ro,n pi p.e ; thence South 36 degrees 32' 30 West 2014.50 feet to, a point marked by an iron pipe on -the Easterly'.lin:e North b4 degrees 33' West 486.52 feet to the point of beginning. Exce.pting.from parcels one and two that portion conveyed to the County of Sonoma fo:r road purposes by. Deed recorded July 8, 1966 in Book -22,19 of OfE'ici,al Records, Page 453. A.P. No.. 13'6-120-15- EXHIBIT 1 Page 2 of 2 EXHIBIT 2 CORONA-ELY SPECIFIC PLAN ASSESSMENT DISTRICT P'RELIM.INARY SPREAD NO. 5 The major public improvements that are anticipated to be constructed by the Assessment District within the Specific Plan Area are, listed below. There may be other; improvements included in -the Assessment District required by the City of Petaluma:which are not included in this preliminary description of work. A. EIy Boulevard and Sonorna Mt. 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.. Ely .Road in the county is presently a straight two-lane country road from Corona Road to the present city limits. Ely Boulevard within the city is presently improved along its westerly half from the present city limits at Morning. Star Subdivision to within 700 feet of Washington Street where .full improvements exist. Ely Boulevard is proposed to be renamed Sonoma Mt. Parkway and is shown having two trave 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 subdivision .rmprovefnents. The typical sectionto be constructed by the Assessment District is- 52 feet wide from curb to curb with a landscaped median in the present right. of way or 64 feet ± of right of way from the Bollinger property to Corona Road. Ely Boulevard is anticipated to be constructed as a two lane collector from Sonoma Mt. Parkway to Corona Road with curb; gutter, drainage, water main, and sanitary sewers in the existing 80 foot right-of-way. 'Walls, fences, landscaping, lighting, sidewalks and paths, underground utilities or Corona 'C'reek improvements from Ely Boulevard to North McDowell Boulevard would not be a part of the Assessment District but constructed with development. 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 to be constructed from the railroad tracks at Cerona Road in Corona Road to Sonoma Mt. Parkway and in Sonoma Mt. Parkway to the future junior,college site. The southerly portion of`th;e Specific Plan area above Ely Road from the property south of the ;junlor college site to Lynch Creak would be served by a new trunk sewer ext°end'ed northerly and southerly in Ely Boulevard from the presently stubbed 12 inch sewer at Rainier Avenue. C_ Water Mains A 12 inch main. exists in Ely Boulevard from Washington Street to Capri Creek at th'e 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 Sbnoma-Mt. Parkway. Make temporary open, ditch improvements to Corona Creek from Ely Road to McDowell Boulevard. or an alte"rnative pipe system. It is assumed that all other drainage: work outside the constructed E_ly Road and Sonoma Mt., Parkway right -of. -ways° required as part of the Corona -Ely Specific Plan will be done by developers. '�e 2 cf 2 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. 7% TOTAL 100% SPECIAL DEVELOPM I;INT FEES Prepared By City of Petaluma Co'mmunit,y, Planning & Devo'lo.pment Dept. february 7, 1990 N 9J 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. 1 ORM.1788NCS 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. Industrial users fee is determined 'by 'individual application. TIME OF PAYMENT: Sewer connection fees are paid prior to issuance of. a "plumbing permit which is required prior to connecting the sewer. Municipal Code 15.44 - 15.77 Ordinance #1543 Resolution #1.14 April 27, 1987 OR D.178ONfCS 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 $325..00. credit may be app'•lied when water mains. and services are constructed and financed by the developer (15.08.040 ).. CALCULATION OF FEE Water connection fees .are established by resolution of the City Council. Currently, the average single family, home in. a subdivision which installs water mains and services will. pay $1,290.0`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 set, and service connected. All fees must be paid` before final occupancy will be approved by the Building Department. Municipal Code 15.08 Ordinance #1252 Resolution #9214 & #88-93 25 April, 1988 3 COMMUNITY FACIL'ITIE`S'•DEVELOPMENT FEES PURPOSE: The purpose of the Community Facilities Development Fee is tot 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 accessory dwelling --as defined by the Zoning Ordinance, or division of land. CALCULATION OF FEE: Residential_ developments are charged $1,315.00 per dwelling unit. The. fee for non-residential development `is $18,416.00 per acre for new development, $1.3 per square ---loot for builidng additions. TIME OF PAYMENT: Fees are due and payable prior to the "issuance of a building permit. Municipal Code 17.14 Ordinance.W11, 1383, 1449, 1469, 1680 Revised February 7, 1990 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 increase; or pay fees. Residential projects which create an increase in normal runoff of two -acre feet or less are required to pay"fees. Commercial and industrial projects have the option of either paying fees or providing on or off -site detention areas equal to the calculated increase in runoff. CALCULATION OF THE FEE: Runoff Computation': e increase in runoff created by a given" project is calculated for a 100-year , storm, utilizing ,runoff coefficients "based upon the proportion of vegetated area to ;impervious surfaces, and expressed in acre-feet. " Runoff coefficients are based upon the type of use, slope .of the land, and percent of vegetation" coverage. Commercial/Industrial projects pay a fee of $30,000 per -acre foot of, additional."runo The amount of incremental runoff created is directly linked to the 'amount. of 'landscaping provided'. -,The maximum. fee possible is $.9",000 per ..acre of land.. This .would apply to a project with 20% or less landscaping. A, ,project with 25% landscaping .can expect a fee of $6,750 per acre, 30% would pay $6,300 per acre, and'.so on. Residential pr6ject.si pay a fee of $15,600 per _acre foot of additional runoff. Incremental 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 Ordinance #1530,1547 Resolution #9564,9565,9751 June 2, 1986 DWELLING CONSTRUCTION FEE PURPOSE=: Often referred to as the "bedroom tax,", this fee provides funds for expansion of park and recreational facilities. APPLICABILITY: Every dwelling .unit constructed in the city, except Where" a subdivision of real property is involved (see Park and Recreation Land Improvements Fee) , is required to pay a dwelling construction fee. Projects which exceed four units on a single parcel of land are subject to Park and Recreation Land Improvement Fees 'instead. AMOUNT OF FEE: For projects of four units. or less on a single parcel of land, the amount of fee is based upon the number .of bedrooms in the dwelling unit. A studio or one bedroom unit pays $120.00. An additional. $60:.,00 is collected for each additional' bedroom, up to a maximum of $240.00. The fee for projects consisting of five or more units will be calculated in the same. manner 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 7 ORD. 1788NCS 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 which involves the s:u;b:division 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 I of improvements as established annually by- City Council Resolution. The following table is used for calculating park land acres per dwelling unit: Dwelling ,Units ' Per Persons Per Park Land Acres Per Gross Acre Dwelling Unit Dwelling Unit Up to 6.5 3.18 .0159 6.6 'to 10.5 1.90 .0095 10.6 to 25.5 1.80 .0090 The cost of land and improvements is currently set at $169,350 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 dedicateand 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. Municipal Code 20.34. Ordinance 41352 May 15, 1989 0 ORD. 17 88 N SCHOOL FACILITIES FEE PURPOSE: The purpose of the "School Facilities Fee Medication, Ordinance" is to provide a method for providing sites and/or financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. APPLICABILITY: A school facilities fee must be paid for every residential dwelling unit or addition built in the Waugh, Petaluma, Cinnabar or Old Adobe School Districts. Fees must .also be paid for non-residential development in the Old Adobe and Waugh Districts. CALCULATION OF FEE: The School Facilities. `Fee is set by. resolution of the. City Council. The .following fees apply to each school: Residential Cinnabar $1, 201.00 per unit* Old Adobe $ 1.50/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. priorto 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 #1PT, 1512 Resolutionis 484-165, 85-183,' 85-184, 87-7, 87-25 Revised" December 5, 1.988 W V, IN-LTEU, FEES FOR PROVISTON OF VERY LOW, LOW AND MODERATE INCOME HOUSING PURPOSE The purpose of the In -Lieu Fee is to provide an option for developers to comply with Program 12 (iii') of the Housing Chapter of the 1987-2005 Petaluma General Plan which states: "Program (12) Developers of planned residential developments of 5 or more units shall provide 10-15% 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. 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' forrental or sale at prices affordable to very low, low and moderate income households, or dedication of land toa 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-2�;-}985 May, 23, 1986 10 IN -LIEU HOUSING 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 1,425 per unit $100,000 - $104.,999 2,000 per unit $105,000 - $109,999 2,100 per unit $110,000 - $114,999 2,200 per unit $115100.0 - $119,999 2,300 per unit $120 , 000 - Over 2,400 per unit 23 May 1988 special. development. fees /pd9 Eiem�nlar f . 1 - -Urb or% Se,0r.ato+ } y A � . d �rlBnd�i --..c--tom`;---•--� !! Q L ,�, + � ; .� 1 . Q. �.bu:Q r ap,.Dfve►sffiaci { c� l • - '.:• ,` .: 1 .� C'` 11..--+.ram p to t 5 © Ul ' (7il1l�Sr►t�9/U ..� + ` �. �` �` � a 1. ' l t7rb a Lpr tj"en Or- � �EJ�ArI StJ4tldArdr,. !. ,•.tt1 �` Y,i:•a n � P, M • • • ��— C • � , - � � � r.,i f H R �1QIh�. � F +lynx + � + . 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