HomeMy WebLinkAboutOrdinance 1789 N.C.S. 02/20/1990Introduced by:
John Balshaw
0 31546
ORDINANCE NO. 178N.C.S.
Seconded by:
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND McBAIL COMPANY FOR THE DEVELOPMENT KNOWN AS
GLENBROOK (APN 137-060-19)
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
McBail Company a copy of which Agreement is attached
hereto as Exhibit 1 and incorporated herein by reference, is consistent with
the General Plan, Corona/Ely Specific Plan, and other applicable plans,
policies, ordinances, and regulations of the City of Petaluma.
Section 2. The City Council hereby approves the terms and conditions of
said Development Agreement.
Section 3. The Mayor or City Manager of the City of Petaluma is hereby
authorized and directed to sign and Development Agreement on behalf of the
City of Petaluma.
Ord. 1789 NCS 1 of 2
.3�546
Section 4. The City Clerk is hereby directed to post this Ordinance for
the period and in the manner specified by law.
Introduced and ordered posted this 5th day of February , 1990.
ADOPTED the 20th day of February , 1990, by the following vote.
AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES .0
ABSENT: Tencer
ord. glenbrook / corona
ATTES
City Clerk
Ord. 1789 NCS 2 of 2
vV.54'4i 55 w
i4/9 00
C;.RA x
.Eo3 O K 459
aRA r
:3 0,e. 4-5 9
� GRAY
/B 6 3 0. ,P. 59
'W 302.64
-�4535°3/'42"w
—455.0¢
199
54-1.6(
P.0.a.
N
610650
o7v�rZ
W
0
o �
'FEAT
N5&0,?0'18" W /1092. 94
GA T 77 NURSER Y IAI(f
34 --33 O. R. 0& 7
2 \i J
/V5¢ ° aC /7
SANTA RO SA
✓P. Coe &EGE
b/S'TR/C T
OOC . NO.
6G - 06 756&
CAv--)& 4
Zl,�il O-K. 4
v z /G 7. (90
.5oNoI--A As,so,
Z3.59 O.K. 9Z5
/(o
FlR5T SourP69AJ
3APTJ5T CkOXCN
of PETALuMA
ZZZ/ o.K. 04-5,\
2 /--rI, J 1
5U/AA/ I O *
l�oC. ti(O.
82-o3f�4B
. �L FOA O
55434'58'E.
N1 /54.l0l0
cn,
9 C-' � X.
k
Vir^
D06. n/0 87-09394.0 M`13AIL CO.' pj
0 04$ i h KNECHT
� 8s
c AAl 6XAT /oA!
d m . 32Z MAPS /3
5 54-° 33'oo" E
Zo9790
Ze. 3 9. 71-s'�'%
a ,�t
PETAL
06Pr. AA/A/EX
83 MAPS 6
1 /laerN PETAL ijmA
CEO RGAiVI ZAT/O�/ do. 3
3/4 MAPS /5
L /,4J0,5A y AAa16)(A7'1o AJ
33.MAAs33
n/berH McADOVVE&L 60ULEVARO'
yoc..lnrG AQJ,16XAT'Io4 19-70
/ 4-6, MA PS 31
S5e7t ` -35
DEAI 1AA1 AMNEXAT/Otl
�O • S
/4G MAPS /6
QfrY ENGINEER'
I, THOMAS S. HA
HEREBYSTATE
DESCRIPTION OF
COUNCIL OF T
XT-1-7 TRIT 2
DEVELOPMENT AGREEM'ENT..BY AND .:BETWEE,N
CITY OF PETALUMA AND. McBAIL COMPANY
FOR THE DEVELOPMENT 'KNOWN AS
GLENBROOK
APN 137-060-19
his Development Agreement is entered into this day of
1990, by and between McBAIL COMPANY, (the
"Developer") and THE CITY OF PETALUMA, a municipal corporation (the
"City") pursuant to the authority of Sections '6.5.864 through 65869.5 of the
Government Code.
7DV(`TT4.i C
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 seq. of the Government Code ('"Development Agreement
Legislation") which authorizes the City of Petaluma and an applicant for a
development
project
to enter into a development
agreement .to
establish
development
rights ,in
the applicant's property.
Pur..suant to
the Develop-
ment Agreement Legislation, the City Council 'of the City (""City Council" )
adoptedOrdinance No. 1072. N X. S . , Article 19.3 ( "Development. Agreement
Ordinance") estabbiisl in.g procedures and requirements for consideration of
development. agreements.
B . Developer owns in fee 19.08 acres of real property described in
Exhibit 1
attached.
to
this
agreement (the "Property") .
C.
On May
1,
190
-the City adopted by Resolution No. 89=124
N.C'.S. the Corona/Ely Specific Plan ("Specific Plan") -which sets out in
-1- oRD.17 S9N CS
detail the type and density of development within the area controlled by
public improvements, circulation, and other. requirements, for development.
D . On May 1, 1989 the City adopted .Resolution No. 89-125 N.C.S.
(the !'Financing Plan") which recommends the means by which certain
public improvements within the Specific. Plan could be constructed and paid
for.
E. On May 1,498.9 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 othef 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)
ORD-J789NCS
-2-
years, beyond which additional environmental review may be required by.
the City.
4. .-The. approvals and development policies described above
shall be referred to in this agreement as the ".Existing Approvals."
H. City and Developer have taken all actions mandated by and
fulfilled
all requirements
set
forth in the
Development
Agreement Ordinance.
I.
Development of
the
Property in
accordance
with the terms and
conditions of this Development Agreement will assure orderly growth and
development of the area according to the policie's 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
fore which
this
Development
Agreement .i's ap.propriate,. This Agreement 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,whicht the
Development. Agreement Statute .(Government
Code 'Section '65865 et sue:.) was enacted.
K . The City Council has reviewed and hereby approves the
provisions of. this Development Agreement. It further finds that this
Development Agreement conforms to the City General Plan and, Specific Plan
and its implementation is in the best interest, of the City and the health,
safety, and welfare of its residents.
ORD. -1 - 7 89N Q
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 s-ubject 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. iA a�L�, 1997 (7 years) unless extended or
earlier terminated as provided herein.
Article 2
.DEVELOPMENT OF THE: PROPERTY
2.1 Established_ Development Standard`s.
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- u- 1718 � � i U
(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,
or suspended as may
be necessary to
comply
with such State or Federal
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 proceedwith the .:orderly construction of the Project without
delay.
2.3 Permitted Delays.
In addition to provisions of this Agreement, either party's
performance shall be excused during any period of delay caused at any
time by: (1) acts of God or civil commotion, (2) riots, (3) strikes, (4)
picketing,
(5)
or other
labor- -disputes, (6)
shortage of materials or
supplies,
(7)
damage to
work' in process by
reason of fire, floods,
earthquake,
or other casualties, (8)
the failure, delay or inability of the
other 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 offsitepublic facilities required by the Specific Plan., Financing Plan,
or the plan set' out i_n, Exhibit 2 to this Agreement, if any. Each party
shall notify the other party in writing of any delay and the reasons for it
-6=
as soon as possible after the delay has. been determined. Failure to notify
the other -party shall waive the rights described above. The Term of this
Agreement shall be extended by the period of time Developer is actually
delayed.
Article 3,
OBLIGATIONS OF THE PARTIES
3.1 Developer..
3.1.1 Development of the Property. Developer. agrees that
development of the Property shall conform in' all material respects to all the
terms, covenants,, and requirements of this Development Agreement.
3.1.2 Conditions of Approval. 'In addition to the general
obligations described in this Agreement, Developer agrees to comply with
all Conditions of Project Approval adopted by the City and incorporated
into this Agreement by amendment at the, time all approvals are complete.
3-.1.3 Assessment District. Developer agrees to join in the
formation -of an assessment district to acquire right-of-way for and
construct Sonoma Mountain Parkway and associated improvements as
described in' Exhibit 2 to this Agreement and the Corona/Ely Specific Plan
and EIR.,' In return for Developer participation in the Assessment District,
City agrees to grant Developer residential allotments according to the
terms and provisions set forth in Section 3.2.5 of this Agreement.
3.1.4
Pay-O.ff 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. bonds or assessments 'for the purpose of
purchasing school sites or construtfin,g school facilities.
3.1.5 School Facilities. Developer shall develop funding
mechanisms) 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. (a) Developer owns and/or has a development
interest in the following parcels:
APN 137-060-19 G1enBrook Property
AP 137-070-06, 07, 08, 10 & 11 Gray Properties
.City and Developer agree the G1enBrook
property will be developed before the Gray properties ' and a 'final map for
the G1enBrook property may be approved and recorded free of any burden
to, provide or dedicate- land for affordable housing, provided Developer
pays in -lieu fees .pursuant to City of Petaluma Resolution 84-199 N.C. S.
(b) Developer shall,, at the time the first final
map for development. of any of the Gray properties is approved by the
City Council, offer by grant deed or dedication a portion of the Gray
properties :not 1'ess 'than four (4) acres ("the parcel") , exclusive of public
dedications. The precise location of the parcel. shall be determined at the
time, the tentative map for .the Gray properties is processed. Frontage
improvements and utilities to serve the parcel shall be installed by
Developer.
(c) At such time as. the parcel is dedicated to
the City of Petaluma as provided above, completion (or guaranteed
completion) of frontage and utility improvements, and upon application by
the Developer, City shall promptly refund to Developer the in -lieu fees
paid for the G1enBrook property.
2. Developer shall work with the City of Petaluma to
identify a nonprofit corporation to construct on the parcel a condominium
development of no less than fifty-two (52) units for sale and/or for rent
as 'affordable housing. Developer shall have the option to deliver complete
units (turnkey) to the City or to a nonprofit corporation the City selects.
3. Location of the parcel and development of the
housing described above shall give due consideration to the Corona/Ely
Specific
Plan. Units constructed
under the
paragraph not .otherwise
exempt
from procuring allotments
pursuant
to' the Residential Growth
Management Ordinance, shall count against the allotments assigned to the
Property pursuant to paragraph 3.2.5 of this Agreement. Allotments 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, including developer,
if applicable.
3.2 City.
3.2.1
City's Good Faith In
Processing.
City and
Developer
acknowledge that
additional permits and
approvals are
required
from the
City before construction of the Project, including but not limited to,
approval of development plans, 'tentative and final maps, and design review
for individual phases of :the Project, and issuance of all necessary
grading, land improvement, and building permits. City agrees to exercise
its discretion in connection with., such permits and approvals in good faith
and .in a manner consistent with the terms, conditions and purposes of the
Established Development Standards and this Development Agreement.
3.2`.2 Benefit District-. City agrees to create a Benefit Fee
District at the same time the Sonoma Mountain Parkway Assessment District
is created which shall. include all lands in the Corona/Ely Specific Plan
Area:;, except those participating in said assessment district. The Benefit
Fee shall be established by the City Council according to an Engineer's
assessment spread formula for the Sonoma Mountain Parkway Assessment
o j'�.1789NCS
-10-
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.develop.ment.
(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
(ORD. .17 89N CS
-11-
portions of the Parkway initially constructed along the frontage of or
through properties not participating in, the Parkway Assessment District.
City shall create said district at .'the same. time as the assessment district
for Sonoma Mountain Parkway. City agrees to require. all properties in the
Corona/Ely Specific Plan area which develop after or are annexed after the
creation of the aandscaping 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 bases according to the following schedules:
1990
45.
1991
44
1992
6
1993 .
-0:-
1994, -.0-
.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
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.
-12-
OWLS.17 s 9 N 0
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: tb this ,Agreement, The City's Planning Director
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 M.C.S.
1.4, 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.
-13-
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 1000 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 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 framesand conditions of approval
required, through 'that, process.
ORD. N C
-14-
Article 5
FEESAND 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 fees) so long as, and only if, those fees are normally required to
be paid by developments on .a city-wide basis. City acknowledges it will
receive from the Sonoma Mountain Parkway Assessment District the sum of
One. and One -Half Million Dollars ($1,500,000.00) as an up -front
contribution toward :the Corona/Ely offsite traffic improvements. City
agrees Developer shall receive a dollar -for -dollar credit against its
obligation for traffic mitigation fees from said. One and One -Half Million
Dollar .($1; 500 , 000.00) fund .received from the Sonoma. Mountain Parkway
Assessment District in the same percentage reflected in the Participation.
Schedule attached as Exhibit 3 to this Agreement. An accounting of
Developer's credit shall be kept and applied as permits are issued until the
credit is exhausted.
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
-15-
person or entity who actually advanced such funds, whether or not the
person or entity owns the property at the time the credit accrues.
Article 6
DEFAULT_, REMEDIES, TERMINATION
6 1 General Provisions.
Subject to extensions of time by mutual consent in writing, or as
otherwise provided in this agreement, failure or delay by either party to
take reasonable steps in good faith to perform any term or provision of
this Development Agreement for a period of 30 days after written notice
thereof from the other party constitutes a default. Such notice shall
specify the nature of the alleged default and the manner in which 'said
default may be satisfactorily cured. Subject to extensions of time by
mutual consent in writing, if a party defaults under this Development
Agreement or any of its terms or conditions, the party alleging such
default or breach shall, after the expiration of the 30-day period without
cure, at. its option initiate legal proceedings and/:or give notice of intent to
terminate the Development Agreement per Government Code Section 65868.
Following such notice of intent to terminate, the matter shall be scheduled
for consideration andreview by the City Council within 30 days in the
manner set forth in Government Code Sections 65865, 6586.7,, and. 68:868.
Failure or delayin giving notice' of default pursuant to this
Section. 6.1 shall not waive any default, nor shall it changethe 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 �s.hall not waive any default or any rights or remedies or
deprive either such .party of its right to institute and maintain any actions
-16- ORD. 178 9 N C
or proceedings which it may deem 'necessary to protect, assert, or enforce
any rights or remedies.
Evidence of default may also arise in the course of the regularly
scheduled annual reviews of this agreement described in Section 6.2.1
below.
6.2 Annual Review.
6.2.1 Annual Review. The City shall review compliance with
the terms, covenants and conditions of this Development Agreement at least
once every twelve (12) months, at which time the Developer, or any
successor or successors in interest thereto, may be required to
demonstrate good faith compliance with the terms of this Development
Agreement. Developer shall within 30 days after demand by the Planning
Director provide a, Getter 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
faith with the terms of this Agreement, he shall specify in writing to
Developer the details not in compliance within thirty (30) days after the
date the Developer's submittal is deemed' complete.. The Planning Director
shall also specify a reasonable time for Developer to meet the terms of
compliance, which time shall be not less than thirty (30) days, and shall
be reasonably related to the time necessary to bring Developer's
performance into,, good faith compliance. with the terms of this Agreement.
If the areas of .noncompliance specified by :the Planning Director are not
perfected with the reasonable time limits prescribed by the Planning
-17-
Director, or if Developer contests the Planning Director's determination,
the matter shall be referred to the City Council.
6.2.3 Referral to Citv Council. If 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
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.
OWn, 7 8 9N
-18- `
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 costsa's 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
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
., -19- oRD.17 8 9 N X 9
Agreement 'is recorded, including the lien of any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing-, no breach -.of this Agreement
shall
defeat,.
render invalid, diminish,
or
impair
the lien of
any. Mortgage
made
in good
faith and for value, but
all
of the
terms and
conditions
contained in this Agreement shall 'bind any person or entity, including any
deed of trust beneficiary or mortgagee ("Mortgagee"'), who acquired title
to the Property or any portion of it by foreclosure, trustee's sale, deed in
lieu of foreclosure, or otherwise.
7.2 Mortgagee Not Obligated.
Notwithstanding the provisions of Section 9.1 above, no Mortgagee
shall have any obligation or duty under this Agreement to construct or
complete the
construction- of improvements
or
to- g.uar-,antee construction or
completion.
However, Mortgagee shall not
be
entitled to devote the -Property
to any uses or to .construct any improvements on it other than those uses.
or improvements provided for or authorized by this Agreement.
7.3 ' Notice of Default' to Mortgagee.
If City receives notice from a Mortgagee requesting a copy of
any notice of default given Developer under this Agreement specifying the
address for service, then City shall deliver to Mor'tgagee,at the same time
as service to Developer, any notice given to Developer with respect -to any
claim- by City that Developer has committed an event of default. If City
makes a ,determination of noncompliance, City shall likewise serve notice of
noncompliance on Mortgagee -at the same time as service on Developer.
Each Mortgagee shall have the right during the same period available to.
Developer to cure or remedy; or to commence: to cure or remedy, the event
of default claimed or the areas of noncompliance set forth in the City's
notice.
-20- oRD- 17 8 0 C
a
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 obli'gations 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 transferredor assigned except through a transfer of
Developer's interest in the- Property, or a portion of it.
8.2' Release Upon Transfer.
Upon the sale, transfer, or assignment of Developer's rights
and interests, Developer shall be released from its obliga-tions under this
Agreement pertaining to the Property or the portion transferred arising
after the effective date of such transfer (i) if Developer .is not then in
default under this Agreement, (ii) Developer has provided to City notice
of such transfer, and (iii) the transferee executes and delivers to City 'a
written agreement in which (A) the name and address of the transferee is
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
assump ion, 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,
ORD. 178047N.Cg-
-21-
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 sh-all 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 Agreementshall be enforceable as
equitable servitudes .and constitute covenants running with the land pursuant
to applicable law, including, but not limited to, Section 1468 of the Civil
Code of the State of California. Each covenants to do or refrain from
doing some act on the Property or on any City owned property (i) is for
the benefit of the properties and is a burden upon them, (ii) runs with
'the properties, and ('iii) binds each party and each successive owner
during its' ownership of the properties or any portion of them,' and each
person or entity having any interest derived in any manner through any
owner of the properties, or any portion of them, and (iv) shall benefit
each party and. its property under this, Agreement, any successor.
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
theProperty. Developer shall have full power over and exclusive control
of the Property subject only to the limitations and obligations of the
Developer under this Development Agreement. Developer agrees to hold
City harmless from any liability for damage.. or claims for damage for
personal injury, including death, as well as from claims for property
damage, which may arise from, -.the Developer's operations under this
Agreement, excepting suits and actions brought by the Developer for
default of, this Agreement or arising from the negligence or willful
misconduct of the City..
9.2 Notices, .Demands and Communications .Between the Parties.
Written notices, demands, correspondence and communications
between the City and .the Developer shall be sufficiently given if deposited
in the United States mail, postage prepaid, return receipt requested, to
the offices of the City and the Developer below. A party may change its
address for notices by giving notice in writing to the other party.
City: Citv Manager
City of Petaluma
11 English Street
Petaluma, California 94952
Developer: McBail Company.
Post Office Box 1056
Alamo, California 94507-1914
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
acid
obligations of
the parties have been
materially
altered or abridged by
such
invalidation,
voiding or
-23-
unenforceability,: provided, that the. parties may in any event by mutual
consent continue any or all of such rem aining..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-three (43) 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 9" Participation Schedule;
Exhibit "4" Schedule of Development. Fees..
Upon completion of- performance, by -the. parties or revocation of
this Agreement, a written statement acknowledging completion or revocation
signed by the appropriate 'agents of the City and Developer shall' be
recorded in the Official Records of Sonoma County, California.
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
-24-
Planning Director of City shall have the authority to execute any
certificate requested by Developer. City acknowledges that a certificate
may be. relied upon by 'transferees and Mortgagees.
9.7 Construction.
This Agreement and its Exhibits shall be construed as a whole
according to their common meaning and not strictly for or against any
party.
9.8 Conditions.
The terms and obligations of this Development Agreement shall
become effective when, and only when, all of the following conditions have
been satisfied:
(1) This Development Agreement has been approved by
resolution or ordinance .of. the City of Petaluma:
(2) The property has been annexed to the City of Petaluma.
(3) The City of 'Petaluma has adopted- the financing mechanisms
recommended in the Financing Plan and has actually obtained the funding
necessary under such :mechanisms to construct the public improvements
described in Exhibit. 2.
9.9 Conflict of Tnterest.'
No member, official or employee of the City shall make or
participate in any decision relating to the -Agreement which, affects his or
her personal' interest, the interest of any family member', or the interests
of any corporation, partnership or association in which he is directly or
indirectly interest.
9.10 Non -liability of Developer's Limited Partners.
No .(i) limited partner of the Developer, (ii) officer, director,
shareholder' 'or partner of Developer's general partner, or (iii) emp'Ioyee or
-25-
agent
of either
Developer or its
general
partner shall
be
personally
liable
to the
City in
the event. of any
default
or breach by
the
Developer
or for
any amount which may become due to the City or successor on any
obligation under the .terms of this Agreement.
9.11 Hold Harmless and Indemnification.
Developer hereby agrees to defend, indemnify, save and hold
harmless the City and its,,elected and appointed representatives, officers,
agents, employees, harmless from claims, costs and liabilities for any
personal injury, death, or property damages which arises, -directly or
indirectly, from the operations performed under this, agreement by
Developer or Developer's contractors, subcontractors, agents,, or
employees, whether such operations are performed by Developer or by any
of Developer's contractors, subcontractors, by any one -or more persons
directly or indirectly einp'loyed by, or acting as agents for Developer or
any of Developer's contractors,, or subcontractors. Developer shall defend
City a"d its elected and appointed representatives, officers, agents and
employees from actions for such personal injury, death or property damage
which is caused or alleged to have been caused by reason of Developer's
activities in connection with the project site.
9..12 'Legal, Challenges.
In the event of any legal or equitable act, action,. or. other
proceeding 'instituted by a third party, other .governmental entity or
official challenging the validity of any provision of this agreement, the
parties hereby agree: to cooperate in defending .said action or prodeediiig.
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
-26-.
ORDo-j78RNC
brought against the City which challenges any portion of the development
agreement,.
Executed the day and year first written above.
Approved as t,Q-
j
By
Ci y Attorney'
CITY OF PETALUMA
A Munic' I Corporatio
B
—Mayo
DEVELOPER
McBAIL COMPANY
By
Its Project Manager
(General) a tb
1 STATE OF CALIFORNIA SS.
i. COUNTY OF
Sonoma
February 27 , 19901- before me., the undersigned, a Notary Public, in and for said
On
State, personally appeared Ste hen Ba
ijQF
personally known to me: (or proved to me on the basis of satisfactory evidence
I to be the, person whose name i G" subscribed
t to the within instrument and acknowledged that he
OFFICIAL SEAL
executed the same. I FRANCINE HATFIELD
WITNESS my hand and official seal. NOTARY-PU9LIC EALIFORNIA
V mom' na PRINONAL OFFICE IN
\� _ �_�O SONOMA,COUNTY
� Signature'- d �, My ccmmissibn)Exp. March 22, 1991'^ -
Francine Hatfield
Name (Typed or Printed) u ;• a c, r« arrayv>
OFC-2056
development ag"rmfi 2
PLAN2
3/15/90
kN
a`II aa, • �,
-27-
EXHIBIT A
DESCRIPTION:
All ghat certain real 'pr-operty situated in the . County of Sonoma,
State of California, described as follows:
Twenty (20) :^acres of land off the "easterly end of Lot 298, said
Lot being a part of Petaluma Rancho; as the same is des-cribed in
a plat or map of said Rancho made by C.W. Rowe, Esq., Surveyor.
Said 20 acres .to lay square across said Lot 298, and adjoining
Lo-t 297, -for.merly owned by W.L. Hardin., in the .year 18'60 and
being the same land, as was conveyed by John Caltoft and C.
Caltoft, his wife,. to, William H. Cham`berlain, by deed dated April
1, 1899, And .recorde.d, in 'Liber 187 of Deeds, at page 37, Sonoma
County Records.
SAVING AND EXCEPTING THEREFROM the following:
That portion as contained in the Administratrix Deed from Alice
Chis'lefta, Admini; tratrix of the Estate -of Genove.ffa Solari, also
known as Genoeffa 'Solari, also known as Genevieve Solari, to the
Merrill Estate Company, by instrument dated J.un.e 27, 1952 and
recorded. August 4, 1952 in Volume 1148 of OfficialRecords, Page
36, under Recorder'•s Serial No. D-73543, Sonoma County Records.
A.P. 1,37-0 60-19
EXHIBIT 2
CORONA-ELY SPECIFIC PLAN
ASSESSMENT DISTRICT
PRELIMINARY SPREAD NO. 5
The major public improvements that are anticipated to be ccnstr._jcted 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. Ely. Boulevard and Sonoma Mt. Parkway
These streets are anticipated to be constructed per the alignment shown in
.the Corona -Ely Specific Plan - from approximately 700 feet north of
Washington Street to North McDowell Boulevard. Ely Road in the county
is presently a straight two-lane country road from Corona Road to the
present city limits. 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 .Dull
improvements exist,
Ely Boulevard is proposed to be renamed Sonoma Mt. Parkway and is
shown having two traVel lanes with Class Ilb Bike Lanes and a
landscaped median in the Corona -Ely Specific Plan. Landscaping with
backon treatment is anticipated to be required of developers along
Sonoma Mt. Parkway as part of the subdivision improvements. The typical
section to be constructed by the Assessment District is 52 feet wide from
curb. to. curb with a landscaped median in the .present right of way or 64
feet ± of right of way from the Bollinger property to Corona Road.
Ely Boulevard is anticipated to be constructed as. a two lane collector from
Sonoma Mt. Parkway to Corona Road with curb, gutter, drainage, water
main, and sanitary sewers in the existing 80, foot right-of-way. Walls,
fences, landscaping, lighting, sidewalks and paths, underground utilities
or Corona Creek improvements from Ely Boulevard to North McDowell
Boulevard would not be a part of the' Assessment District but constructed
with development.
ORD-17 89N GS
Page 1 _of 2
EXHIBIT 2
B. Sewer Trunks
A new trunk sewer pipe is necesary to serve the northerly protion of the
Specific Plan area to be constructed from the railroad tracks at Corona
Road in Corona Road to Sonoma Mt. Parkway and in Sonoma P.'t.
Parkway to the future junior college site.
The southerly portion of the Specific Plan area above Ely Road from the
property south of the junior college site to Lynch Creek would be served
by a new trunk sewer extended northerly and southerly in Ely Boulevard
from the presently 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 the northerly city 'limits. A new water.. main would have to be
constructed from the present city limits to the, 'Sonoma County Water
Agency aquaduct at the, 'Northwestern, Pacific Railroad tracks at Corona
Road; in Sonoma Mt. Parkway, and a new water main constructed in Ely
Road from Sonoma Mt. Parkway to Corona Road.
Pressure Zone 1V 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 ,6C foot elevation.
D. Creeks and Drainage
Construct paralle and lateral drainage systems within the public street
right-of-way including the- Lynch Creek, Capri Creek, and Corona Creek
cross culverts oh Ely Road and Sonoma Mt. Parkway. Make temporary
open ditch improvements to Corona Creek from Ely Road to McDowell
Boulevard or an alternative pipe system.. -1t is assumed that: all other
drainage work. outside "the constructed Ely Road .and Sonoma Mt. Parkway
right-of-ways required as part of the Corona -.Ely S'pecifIc Plan will be .done
by developers.,
(./ e 2 of 2
.�89N
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%
ORD. 17S9NCS
fgA Prepared By
4 City of Petaluma
Comm:unity`Planning & Development Dept.
february 7, 1990
TWpfl' FD 97
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 O.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.
n
11
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 #114
April 27, 1987
2
WATER CONNECTION FEES
APPLICABILITY:
Any new connection into the City water system must pay a connection fee.
Charges. are based upon ,the size of the meter. Service charges are applied
when the City taps the main for the connection and installs the service and
the meter box. A $325.00 credit may be applied when water mains and
services are constructed and financed by the developer (15.08.040) .
CALCULATION OF FEE:
Water connection fees are established by resolution of the City Council.
Currently, the average single family home in a subdivision which installs
water mains and services will pay $1,290.00 minus $325.06 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
A
NVO
COMMUNITY FACILITIES 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 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,
$1.35 'per square foot for builidng additions.
TIME OF PAYMENT:
Fees are due and payable prior to the issuance of a building permit.
Municipal Code -17.14
Ordinance #1311, 1383, 1449, 1469, 1680
Revised ,February 7, 1990
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
providingon or off -site detention areas equal to the calculated increase in
runoff.
CALCULATION OF THE FEE:
Runoff Computation:
The increase in runoff created by a given project is calculated for a
100-year storm, 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 projects pay a .fee of $15, 000. per acre foot of additional runoff.
Incremental runoff is dependent upon the density of ,a project and. the
amount of landscaping and open space provided. A high density project
with 20_% 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.
bffl. 1, 7 8 9 N C5101
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., 95,65 , 9751
June 2, 1986
ORD. 1789N��
6
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 dwellingconstruction 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 pay_ s $120.00. An additional $60.00 is collected for
each additional bedroom'; up -to a maximum of, $240 .00.
The fee for projects consisting of five or more units will be calculated in
the same manner as the Park and ;Recreation Land Improvement Fee (page
8) . Mobile home , project fees are calculated in the same manner, assuming
1.80 persons per dwelling, unit.
TIME OF PAYMENT:
Dwelling construction fees are paid prior to issuance of a building permit,
or prior to the issuance of " a grading or *public. ;improvement permit for a
mobile home park.
Municipal Code 17.12
Ordinance #932, "1074, 1383
Revised December 5, 1988
7
PARK AND RECREATION LAND IMPROVEMENTS FEE
PURPOSE:
The purpose of the Park and Recreation Land Improvements Fee is to
provide funds for the acquisition, development, and improvement of
neighborhood and community park and recreation facilities.
APPLICABILITY:
Any residential project which involves the subdivision of land and any
project which exceeds four dwelling units on a single parcel of land.
CALCULATION OF FEE:
The amount of fee is based upon the density of .the project, and- on the fair
market value of parkland and the cost of improvements as established
annually by City Council Resolution. The _ following table is used for
calculating park land acres per dwelling unit:
Dwelling Units Per
Gross Acre
Up to 6.5
6.6 to 10.5
10.6 to 25.5
Persons Per Park Land Acres Per
Dwelling, Unit Dwelling Unit
3.18 .0159
1.90 .0095
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 COMPLIANCE:
This ordinance also provides for crediting projects that dedicate and
improve designated public park sites.
TIME OF PAYMENT:
Park and recreation land improvement fees are computed for the total
project at . the time final or parcel map is approved, and collected on a
pro-rata basis prior to issuance of building permits for each housing unit.
Municipal Code 20.34
Ordinance #1352
May 15, 1989
8
ODD. 17 8 9 N C S
SCHOOL FACILITTES FEF,
PURPOSE::
The purpose of the "School Facilities Fee/Dedication Ordinance" is to
provide a, method for providing sites and/or financing interim school
facilities necessitated by new residential developments causing conditions of
overcrowding.
APPLICABILITY:
A school facilities fee must be paid for every, residential dwelling unit or
addition built in the Waugh, Petaluma, Cinnabar or Old Adobe School
Districts. Fees must also be paid for non-residential development in the
Old Adobe. and. Waugh Districts.
CALCULATION OF FEE:
The School Facilities Fee is set by resolution of the City Council. The
following fees apply to each school:
Residential
Cinnabar $1, 201.00 per unit*
Old Adobe $ 1.50/sq.ft.*
Petaluma $ 1.15 / sq . ft . *
Waugh $ 1.50/sq.ft.*
Non -Residential
Old Adobe $ .25/sq.ft.*
Waugh $ .25Isq.ft.
*
TIME OF PAYMENT:
School facilities fee is paid prior to issuance of a building permit.
* Fees are paid directly to the School District Office of the District in
which the project is located. A Certificate of Compliance form is
available at' the City Building Deparment.
Municipal Code 17.28
Ordinance il.377, 1512
Resolutions #8.4-165, 85-183, 85-184, 87-7, 87-25
Revised' December 5 ; 1988
0
IN -LIEU FEES FOR PROVISION OF VERY LOW,
LOW AND MODERATE INCOME .H<OUSING
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 developmentswith 5 units or more.
CALCU,:LATION OF FEE
Fees are calculated based upon a schedule adopted by resolution of the City
Council (Resolution '84-199). Fees are based upon the actual sales price of
lot and home, or in `the case of custom home lots, the estimated value of lot
and home.
OPTIONS FOR COMPLIANCE
Payment of in -lieu fees is one: of several options available for meeting the
requirements for low income housing. Other options include but are not
limited to provision: of 8-15% of the units for rental or sale at prices.
affordable to very low, low and. moderate income households, or dedication
of land to the City' to be used as a site for affordable housing.
TIME. OF PAYMENT
In -lieu fees -are .'collected ton 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-��;-1985
May 23, 1988
ORB -1.189N C 8
10
IN -LIEU HOUSING FEE CHART
Sales Price Lot and House Fee
Under $75",000 0
$ 75,000
- $79,999
$ 80,000
- $84,999
$ 85,000
- $89,999
$ 90,000
- $94,999
$ 95,000
- $99,999
- $100,000
- $104,999
$105,000
- $109,999'
$110,000
- $114,999
$115,000
- $119,999
$120 , 000
- Over
23 May 1988
special. development."fees/pd9
$ 150
per
unit
2410
per
unit
425
per
unit
900
per
unit
1,425
per
unit
2,000
per
unit
2,100 _
per
unit
2,200
per
unit
2,300
per
unit
2 , 400'
•per
unit
11
NS4,411 55', w
l 4 / 9 0)
GrZA �`
459
3RA Y
3 O.P. 45 9
G,,1FA Y
/B6 3 ` o.,P. 5 59
535 °3/'42"W
455. o¢
PO.�.
t-o7v�lZ
W
0
o �
0
ZZ
s-1
�
A156020'/8 "W 1692. 94
GAT T/ NlJR5ER Y IAI(f
34 43 0. R. -& 7
2 \i J
cA]DE,e'
ZrG! OR,-_4
/V54 ° a-1 ' /7 ry Z/67. B3
i,
oi
SANTA RO SA
✓R. COLLEGE
O/ST,P/C T
OOC . NO.
B6 - 067566,
50,Jol-'-A Assoc.
Z3S9 o.,P. 9Z5
/(o
FIK5 r so�rNER�l
i3APT J5T Ct 1cJRGN
of PETALuMA
ZZZ/ ox 045'
Si,✓An/ O ��'
ooc.,vo.
8Z-O3R48
iP0.4 O
9
F,, p
&'
�3.4 '58 "E
cn
2 J(,3c--
Eo
�
COL C / n1 G Eic YX'
�''�
=
IDOL.A/O•eo9394a
M`3A'IL CO:'
"
OOC. IJO.
Bs -o4a l Il
` �N �'NEcNT
AAWeXAT/OA!
322 MAP5 /3
5 5¢' 33'oo" E Z6,39:.7L s
— — 00cj7 90 �.-
PETALUMA ZATEK
06P .. A,vnJ E x AT io,J
$3 MAPS 8
�0
vlog rhl P67AC c MA
X60 9GAA1/ZA7- l0t4 / /O. 3
3/4- MAPS / 5
6/�0.5A y ANN4XATIo AJ
3 5Z MAPS 33
NOeYN M'crOOVAIE&L 6OU66 VARO
YoLIAIG A10,1EXA-rlo4 197o
/ 4,& MA P5 31
554 o .39
06AIMAAI AA1AJCXAT10t/
/44 MAPS /e®
CITY ENGINEER'!
I, THOMAS S. HAI
HE STATE
DESCRIPTION OF
COUNCIL OF `