Loading...
HomeMy WebLinkAboutOrdinance 1789 N.C.S. 02/20/1990~~9 ~° MAR 2 2 1990 ~~~3I~~6 ORDINANCE NO. 178 N.C.S. Introduced by John Balshaw 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 I37-060-19) 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 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 ATTES .r-- ity Clerk ord. glenbrook / corona Ord. 1789 NCS 2 of 2 vV5¢°4i"55' w r4,'9 00 -~,, ~i4 , _, • ~.ea y' .E~o3 O K 459 a,ea r :3 D .P. 4-S 9 NSloO20'%8 "(N /1092.94 /1/54 ° a/ ~ / ~ „ CA'/~c,e ZrGI O-R. 4 v z/~~. es SoNO~Q Assoc Z3S9 O.K. 925 v J SANTA APO SA /~P. COLLEGE b/S'TR/C T OOC . NO. BG - O(o 756~c /(o Fl(ZS r .SoCJTHER~II l3APT l5T CNcJ,CCN of PETA~uNrA ZZZ/ o.K. ZaS~\ ~ ~~ J 1 s~A~/ ~ ~b BRA r tea. moo. ~ /B63 o.,P. ~59 82-o3f~4B «w 302.9 535°3/'42"w 455.0¢ !99 sa-r.a~ Po.~. ~o~so •~-o7v~rZ W 0 o ~ 'FEAT ^. NO. ~-! ZZ ~ ~ „~; ~ ~„ ~. ~~~LY iPoAO ~z~ `~~` - ~ r ~.~; 5 54 ° 3 4 "58 "E. ~~ ~ ~'~ /54.!0!0 cn, ~~ ~ ~. ' o, O I~ ® ~ ~r~ k Vir^ ~D(, c. /~n/~UEfc ~I,~ - F~~ l~oC- n/O ~'7-093:940 ~ M`C3AIL CD.' pj~~ ~~~ ~' ova ~-i h ~'NECHT ~ 8s c_ ~ .4ala/Ex~1 T ron! ;~d ~ m~. 3 Z 2 MA ~°~ l 3 5 54° 33'po" E - 209 90 GAT T/ NURSERY i~t/C. 34 ~ O. R. 2!0.7 Z~ 3 9. ?G S'~~'% a ,~t PETACU f~EPT" aN,~Ex g3 MAPS g :~ J ~~ n/OR`rH P~TAC tJ/" lA CEO ICGAA//`Z~4TlO~/ ~0= 3/4 /`?APS / 5 L ~~~sQ y Aal~l ~X~4 Ti o ~/ ss~° .~~ DEa/i"lAN 4NNEXAT/O~l ~~ • S /4<® /MAPS /~ "E -~ NORTH /`9 ~ ~DOt~/EC.L 80ULEVARO yoc.rnl G AIJkrEXAT'IOnI l9 ~0 / 4-~ MAPS 3 I ~[TY ENl~IPIEER' I, THOMAS S. HA HEsREBY STATE DESCR'I'PTION OF COUNCIL OF T~ _r~ ., .f l ' 2 y,. '+.. .ii'.. ..~.. r'.'Ae DEVELOPMENT AGREEMENT.:BY AND .:BETW~EE,N CITY OF PETALUMA AND. McBAIL COP~i;PANY FOR THE DEVELOPMENT 'KNOWN AS GLENBROOK .. APN 137-060-19 his Development Agreement is entered into this ~~ day of - 1990, by and- betweeri~ 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. D ~ (` T'T 4. i C A. In 'order to strengthen the public planning process, encourage ` private participation incomprehensive planning., and re -duce the economic cows of development, the Legislature of the State of California. enacted Section b5864 et seq. of the Government Code (".Development Agreement Legislation!') which authorizes the City of Petaluma. and an applicant for a development project to enter into a development. agreement .to establish development rights , in the applicant's property. Pursuant to the Develop- merit Agreement Legislation., the City Council 'of the City ('~"City Council" ) ad'opted' Ordinance No. 1072._ N::C.S., Article 19.3 ("Development. Agreement Ordinance") esta'blislin,g procedures and requirements for consideration of development. agreements. . B . ~ Developer owns in fee 19.08 acres of rea~I property described in Exhibit 1 attached. to this agreement (the "Property") . C. On May 1, 1989 -the City adopted by Resolution No. 89=124 N.G'.S. "the Corona/Ely Specific Plan ("Specific Plan") -which sets out in -1- ~~~. ~°~ ~9N CS detai'1 the type and density of deve opment within the area controlled by public improvements, circulation, and other. requremerits~ for development. D . On May 1, 198'9 the City adopted .Resolution No. 89-125 N . C . S . (the !'Financing PFan") which recommends the means. by which certain public improvements within the Specific. Plan could be constructed and paid for. E. On May 1,` 1'98.9 the City Council, by Resolution 89-122 N.C.S. , certified as adequate and' complete under the California Environmental Qual-ty Act and. adopted :the Final Environmental Imp-act Report ("the EIR" ) for the Corona/E1'y Specific Plan and designated the same a master EIR during the effective life .of which a project may be approved without further~•or addtional'• environmental assessment ,provided the project is consisten with the applicable provisions of •the Specific Plan. F. Developer wishes to develop alarge-scale,. phased development ("Project") generally- .described as follows : a plannned residential •district totaling 95 single 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 Ije consistent with the General ''.Plan and' Specific :Plan. 2... 'The City agrees to grant residential allotments to the. Project on an :ann,ual~ t5'asis according to the schedule contained ,in paragraph .3:2.5' below. `'3 .. The Environmental Impact Report (EIR) for the Corona/Ely Specific P1'an. 'ha"s been ,determined to have an •effective .life of seven (7) ~~ ®~.•~.~'~9NCS . _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 thus 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 an,d the Developer have determined -that the Proj',ect is a development fore which this Development Agreement .i's ap.propriate,. This Agreement wit-1 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,whch 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 t<he City General Plan and, Specific Plan and its implementation is in the best interest, of the City and the health, safefy, and welfare of its residents. -3- -^~•, ~~ AGREEMENT NOW, THEREFORE, it is agreed by the City and Developer as follows: Article 1 PROPERTY AND TERM 1.1 Property :S.ubject 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 unti`l~'iA ~~, 1997 (7 years) unless extended or earlier terminated as provided herein. Article 2 DEUELOP,MENT O;F 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: (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 anal 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 'bui'ldings 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 Ci'~ty 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- --.. - ~-` or suspended °as may be necessary to comp y with such State or Federal laws or re-gulations or the regulations of .such other .governmental jurisdictions. (d) Except as .provided for specific fees elsewhere in this Development Agreement, all applications for Ci"ty approvals, permits, and entitlements-shall be subject to development and processing .fees and. taxes within the control of the City which are i~n force and effect as of the date o,f 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 intemd this Development Agreement to permit owner to proceed. wi-th 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 ci•vi-1 commotion, (2) riots., (3) s rikes, (4) picketing, (5) or other labor ~ disputes , (6) shortage of materials or upplies, (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) bhe ,failure, delay or inability of the City after request by Developer to hold `hearing necessary to take actions necessary for the purpose of acquiring property for the construction of roadways or other offste. public facilyties required by the Specific Plan., Financing Plan, or the plan se '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 ~~~C~ ~~° ~'~ -6'= a soon as possible after the delay has. been determined. • Failure to notify the other,-p'arty° shall waive the rights described above. The Term of this Agreemerr 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. b'y '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 ~~~ _7- - ~ ' ~i subdivision of land,: nor to..bonds or assessments 'for the purpose of purcfiasing school sites or construc`,fn,g school facilities. 3.i.5 School Facilities. Developer shall develop funding mechamism(s) to ensure acquisition of sites an,d construction of additional school facilities to meet .the needs of the project to fhe 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 themajority of affordable housing within the Corona/Ely Specific Plan area be owner occupied. In order to` meet that obligation, Developer .agrees as fo lows: 1. (a) Developer owns and/or has a development interest in the following parcels : . APN 137-060-19 G1enBrook Property APN 137=070-U6, 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 fo•r 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 Gouiicl, offer by grant -deed or dedication a portion o,f the Gray properties :not, Tess '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 -8- 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 rio 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 para-graph 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 s'harll 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 a°bove, 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 improvemen:,ts to serve the parcel, Developer shall be deemed to have 'sati'sfied the requirements of the Housing Element of the Petaluma General :Plan. regaiding 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 iri-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 Gity'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 ahe Project, .and. issuance of all necessary grading, land improvement, and building permits. :City agrees to exercise its discretion in connection with ~ such permits an-d' 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 D.istri¢t-. City agreed 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:;, excepat 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 -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 fiength 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 ep riod until Water Pressure Zone 4 becomes operable. • 3'..2.4 Landscape and Lighting Maintenance Assessment District. Developer agrees to support the formation of. and to participate in a landscape and lighting 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 -11- portions of the Parkway initially constructed along the frontage of or through properties no 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 Allotmenfis. City agrees to grant Developer allotments on an annual basi's 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 forfei ure provisions as set forth iri 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, riot 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. T;he 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- 3 , 2 , 6 Cgop.eration of City . City agrees to cooperate with Developer in implementing all of the conditions of the Exisfng" 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 furtherdevelopment 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, ope"rating 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 Gity'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 658b8 and Article 1.9.3 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 .Proj'ect by the City in order to~in`corporate all conditions of approval herein. . . ~. ~ 7 ~ 9 N C -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 l00 0 of the allotted units for that particular year. plus 5'Oo o"f 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 Devel"open 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;. Ari acknowledgment o:f di'vision of allotments shall ' be signed by all Developers and subsequent pur-,chasers 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 he 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. sand conditions of approval required; through that• process. -14- Article '5 FEES' AND CR;EpI;TS 5.1 Fees.. All ocher development fees shall be the amount determined from time to time by the G;ty 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 requi-red to be paid by developments on .a city-wide ba;sis. City acknowledges it will receive from the Sonoma Mountain Parkway Assessment Dist-rict 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 adollar-.for-dollar credit against its obligation for traffic mitigation fees from said.. One and One-Half Million Dollar ($1; 500 , 000.00) fund .received from the Sonoma. Mountain Parkway Assessment District in the same percentage reflected in the Participation. Schedule attached as .Exhibit 3 to this Agreement. An accounting of Developer's credit shall be kept and applied as permits are issued until the cre.d"t 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 -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 b 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 fhe 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 defauat or breach shall, a#ter the expiration of the 30-day period without cure, at its option .initiate Tegal 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 and`~revew by the City Council within 30 days in the manner set .:forth in Government Code Sections b5865;, 6586.7,, and• 68'868. Fai-lure 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` def;aul.t ~s.hall not waive any default or any rights or remedies or deprive either ,'such .party o-f its right to institute and maintain any actions or proceedings which it may deem '.necessary to protect, assert, or en-force any rights or remedies. Evidence of .default may also arise in the course of the r-egularly 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 tq the Planning Director setting forth Developer's good faith compliance and' provide other documents and information reasonably necessary to enable the Plann"ing Director to undertake the annual. review. 6.2.Z Noncompliance. If the Planning Director, on the basis of substanaial 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 o£ .noncompliance specified by :the Planning Director are not perfected with the reasonable time limits prescribed by the Planning ~~~. 1 ~ ~ g -17- - .. _.; ~. Director, or if Developer contests the. P;larining Director's determination, the matter shall be referred to the City Council. 6:2.3 Referral to City Council. If the matter is referred to the City Council, the City Council shall schedule a hearing on the referral not earlier than thirty (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 ma•.y: 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 an:d 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) dayswritten 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. -IS- 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' a'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 a~ll• o;f ,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 de#ense 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 i'ts intent .to file litigation this"ty (30') days before. the initiation of such litigation . Article 7 MOR'PGAGEE PROTECTION; CERTAIN RIGHTS OF CURE . 7.1 Mort,gagee,'Protection. T~h"is 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 Agr.eeinent 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- guar-,antee construction or completion. However:, Mortgagee shall not. be entitled to devote the Property to any uses or to .construc:t any improvements on it other than those uses. or improvements provided for or authorized by thus 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 noncomplan"ce on Mortgagee at the same time as service on Developer. Each Mortgagee shall have the right during the same period available to. Developer to cur-e 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 fo Assign: Developer shall have the right to sell,. assign or transfer this Agreement. and all of its rights, duties, and obligations under 'it to any person or entity at any time. However, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Agreement be, at any time. transferred' or assigned except through a transfer of Developer's interest in the Property, or a portion of it. 8.2' Release Upon Transfer. Upon the sale, transfer, or .assignment of Developer's rights and interests, Developer shall be released from its obligations under this Agreement pertaining. to the Property or the portion transferred arising after the effective date of such transfer (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 fhe liability of any transferee under this .Agreement. 8.,3 Co.venarit5 R:un With The Land. All of the provisions, agreements, rights, powers, standards, terms, covenants-, and obligations contained in this Agreement shall bind, ~. ~ 7 ~gN -21- the .parties anal their respecaiv~e 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-a'll inure to the benefit of the parties and their respective heirs; successors (by merger, consolidation or otherwise) and assigns . A1T of the provisions of this Agreement. shall be enforceable as equitable servitudes .anal 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.l .Project is a Private Undertaking. T.lie development contemplated by this. Development Agreement is a private development. The City has no interest in the Project and no responsibility for. or duty to third persons .concerning any improvements ~ to the Property. Developer shall have full power over and exclusive control of the .Property subject only to the limitations and obligat-ion-s o"f the Developer under this Development Agreement. Developer agrees to hold -aa- ... -.. -:~ -~ 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, pos age prepaid, return receipt requested., to the offices of the City and the Developer below. A party may change its address for notices by giving notice in writing to the other party. City: City Manager City of Petaluma 11 English Street Petaluma., California 94952 Developer: 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 and obligations 'of the parties have been materially alter-ed 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 remainng~.provisions in furl 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 "3" Participation Schedule; Exhibit "4'" Schedule of Development. Fees.. Upon completion of performance, b.y `the parties br revocation 'of this Agreement, a written statement acknowledging completion or revocation signed by the appro.priate~ '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 note 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 ~reburn 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 re.q,uested by Developer. City acknowledges that a certificate may be.relied upon by 'transferees and Mortgagees. ' 9.7 Construction. This Agreemen~,t and its Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any party. 9.8 Conditions. The terms and obligations of this Development Agreement shall become effective when, and only when, all of the: following conditions have ' been 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 adop ed• 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 indirect°ly interest. 9.1'0 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 • -z5- agent of either Developer or its general- partner shall b;e 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'.elecfied and appointed representatives, officers, agents, employees., harmless from claims, costs and .liabilities for any personal injury, death, or property damages which. arises, •directly or indirectly, from the operations performed under this- agreement by Developer or Developer's contractors, subcontractors, agents;, or employees, whether such operations are performed by Developer or by any of Developer's contractors, subcontractors, by any one ~or more persons directly or indirectly employed by, or acting as agents for Developer or any of Developer's contractors,, or subcontractors. Developer shall defend City an''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. Iri the event of any legal or equitable aat, 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 c-lams, costs and liabilityarising out of ~a legal action -26-. brought against the City which challenges any portion of the development agreemen.t.. Executed the day and year :first written above. Approved as tQ.- Fem..--- j B y ~' Ci y Attorney' City Clerk CITY OF PETALUMA A Muni!c' T Corporatio B -Mayo DEVELOPER McBAIL COMPANY B y ~ ~ ~tr~-, . ,/~ Its Proiect Manager (General) a tb 1 STATE OF CALIFORNIA SS. •• Sonoma i. COUNTY OF ' February 2 ~ , 1990- before me, the undersigned, a Notary Public°in and for said On State, personally appeared Ste heri Ba' 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 iitstrumenrand acknowledged-that. , he ~ a" `O~ OFFICIAL SEAL executed-the same. '~~!~ ~ FRANCINE HATFIELD WITNESS my hand and officialseal. ~ NOTARY-PU9LIC EAUFORNIA V mom' n° ?RINCIr'AL O~rCE IN \~ _ ~_~O ~"; ~~ „ _ SONOMA,COUNTY Signature~'~ ~, My Ccrnmis:aoniExp. March 22. 1941'; - ~,.o. ~' Francine Hatfield: ~, Name (Typed or Printed) I~,;• a,c, r« array ~v ~> ' OFC-2056 developmen ag"rcnfi 2 PLAN2 3/15/90 -27- EXHIBIT A D E S C R':I P'~' I OYV s All ghat. certa;n real property situated in the.County of Sonoma, State of California, described as follows: Twenty (.20) :^ac;res of land off the "easterly end of Lot 298,- said l.ot being a part. of- Petaluma Rancho'; as the same is des-cribed in a plat or map of staid' Rancho made by C.W. Romre, Esg., Surveyor. Said 20 acres .to lay square across safd Lot 298, and adjoining Lot 297,formerly owned by W.L. Hardin.., in the .year 18'bQ and being the same land'• as was conveyed by John Caltoft and C. Caltoft, his ~i•,fe,. to: 6Vi.laiam H. Chamberlain, by deed dated Apzit 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 Adminisaratrix deed from Alfce Chis'lefta, Admini; tr;atrix of the Estate -of Genove.ffa Solsri, also kmp,wn as Genoeffa `Sola.ri, also known as Genevieve Solari, to the Merrill Estate Company, by ins,trumen;t dated J:un.e 27, 1952 and recorded. August 4r 1.952 in Volume 118 of Officia`1 Records, Page 36, under Recorder'•s: Serial No. D-7353, Sortom'a Coun y Records. ~-. P. 1..,37-060-19 BXHIBIT 2 C~R,ONA-ELY SPECIFIC PLAN ASSESSMENT DISTRICT PREL111r91NARY SPREAD N~. 5 The major public improvements that are anticipated to be constr~~cted by t;;e Assessment District within the Specific Plan Area are listed below. There may be other improvements included in the Ass©ssment District required by the Ci~y 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. Eiy 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 unproved along its westerly half from the present city limits at Morning Star Subdivision to within 700 feot of Washington Streat where ..full improvements exist, Ely Boulevard is proposed to bo renamed Sonoma Mt. Parf~way 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 AssQSSment District Is 52 feet wide from curb. to~ curb with a landseap.ed 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 6e const'ructed as a two lane eoilector from Sonoma Mt. Parkway to Corona Road with curb, gutter, drainage, water main, and sanitary sewers in .the existGng 80' foot right-of-way. Wails, fences, landscaping, Ilgh:ting, sidewalks and paths, underground utilities or Corona Creek improvements from Ely Bou)evard to North McDowell Boulevard would not be a part of the Assessment District but constructed with development. Page 1 _oE 2 EXHIBIT 2 B. Sewer Trunks A new trunk sewer pipe is necesary to serve.. the northerly protion of the Specific Flan area to be constructed from th'e 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 Eiy Road from the property south of the. junior college sFte t'o Lynch Creek would be served by a new trunk sewer extended northerly and soutfie'riy in Ely Boulevard from the presently stubbed 12 inch sewer at Rainier Avenue. G V1'/ater Mains. A 12 inch .main exists in EIy Boulevard from Washington Street to Capri Creek at the northerly city `limits. Anew water.. main would have to be con trucfed from the present city limits to fhe~ 'S'onoma County Water Agency aqueduct at theNorthwesternPacific 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 ~60 foot elevation. D. Creeks and• Drainage Construct parallel anal lateral drainage systems within the public street right-of-way including the- Lynch Creek, Gap:ri Creek, and Corona Creek cross cu:Jverts on Ely Road and Sonoma Mt. P`ar4cway. tiSake temporary open ditch improvements to Corona Creek from Ely Road tc McDowell Boulevard or an alternative pipe sysfem~. -'I't is assumed that: all other drainage work. outsJde the constructed Ely Road .and Sonoma Mt. Parkes:ay right-of-ways required as part of the Co'ron~a-.Ely S'p'ecific Pian wi11 be .done by developers. (./ e 2 of 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. 70 TOTAL, 100% ~~~~. ~7S9NCS T' ~ ~ sny, t, ~ ~,~: ~ ~-.~~ ~ P~re~pared By I~y~ A' ^ al s 7. ~~ ~.. ~ Ci fy of Petaluma Cornm:unity~`Planning & Developne~nt` Dept. - - February 7, 1990 - D ~u ~ u u4u U u u ~ ,~ ,. - - - 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 deve_lo,pment fees co lected 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 Bark 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 P. arming Department', L1 English Street, Petaluma, CA. 94952, phone 707/'778-4301. ~~. ~ ~ ~'~ 1 SEWER CONNECTION FEES APPLICABILITY: Ariy connection to the public sewer is required to pay a sewer connection fee. . CALCULATION OF FEE: Sewer connection .fees. are established by resolutipn of the City Council. Fees are based upon the classification of user: r-esidential; non-residential, excluding industriah; an'd, industrial. Residential users pay $2,550.00 per unit.. (Accessory Dwelling $1,000.00). Non-resi,den~tial (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 deve oper (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 $325.00 credit for each 6,500 square feet of lo.t '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 COMMUNITY FACILITIES DEVELOPMENT FEES PURPOSE: The purpose of the Community Facili#ies. Dewelop,men 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 ~i $18,41.6..QO per acre for new development,. $1.'3~ 'per square oot for bui-lid. ng additions. . TIME OF PAYMENT Fees are due and payable prior to 'the issuance of a building permit. Municipal Cgde-'17.14 Ordinance X1311, 1383, 1449, 1469, 1680 Revised ,February 7, 199.0 4 STORM DRAINAGE IMPACT FEES PURPO"SE: 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 fhe City Engineer, either provide on or off-site detention equal to the calculated increase, or pay fees. Residential p"rojects 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 .Com utation: T 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 a ditiona 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. R project with 25$ landscaping can expect, a fee of $b,750 per acre, 30$ would pay $b,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 . 5 TIME OF PAYMENT Flood mitigation fees for commercial. and. inc3ustri~al projects are collected when building permits are issued. Residential. projec"ts pay fees prior to having 'f'inal or parcel maps 'recorded,. or prior to :issuance of building permits when no subdivision 'is involved. Municipal Code 17 , 30 . ~ Ordinance #15°30,1.547 Resolution #9564:,95b5,9751 June 2, 1986 . ~ ~ ~ ~ ,~ 6 DWELLING CONSTRUCTION FEE PURPOSE:: Often referred' to ^as the. "bedroom- tax," this fee provides funds for expa'nsi'on of park and recreational facilities. APPLICABILITY Every dwelling unite cpnstructed 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. cons"tr-u'etion 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 $12:0.00. A"n additional $60.00 is collected for each additional bedroom'; up -to a maximum of $'240..:0:0. 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 , prbjeet fees are calculated in the same manner, assuming ' 1.80 persons per dwelling; unit. TIME O'F 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, T383 Revised December 5. 1988 7 ,- w 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~ubdiv.sion of land and any project which exceeds four dwelling units on a single parcel of land. CALCULATION OF F:EE: 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 $1,5 24.15 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 pub is 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 ~~D. ~~'~JN~S s ,~, ~ - . ., . SCHOOL FACILITTES FETE, PURPOSE:: The purpose of the "School Facilities Fee/Dedication Ordinance" is to provide a, me hod 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.: R~esi~dential Cinnabar $'1, 201.00, per unit* O.ld Adobe $ 1.50/sq.ft.* Petaluma $ 1.15 / sq . ft . Waugh $ 1.50:/sq.ft.* Non-Residential Old Adobe $ .25/sq.ft.* Waugh $ .25lsq.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. pr-oject is located. A Certificate of Compliance form is available at' the City Building Deparmen . Municipal Code 17.28 Ordinance °#13'72, 15'12 Resolutiorns- #8:4-165, 85-183, 85-184, 8Z-7, 87-25 Revised December 5 ; 1988 9 .,: -,. ~• IN-LIEU FEES FOR PROVISION OF VERY LOW, LOW AND ~dODERATE INCONiE .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 'sh~a11 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 affor"dable housing, , shall be offered tq the City." The City will. use the fees collected for various programs to assist in the provision of low and. very low income liousirig opportunities in Petaluma.. . APPLICABILITY This policy appaies to residential developments with 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' fo 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 elose;d' on the.. sale of each lot or residential unit. A recorded agreement estab fishes terms of payment. 3n~p-~~;-985 May 23, 198'8 to ~~~a ~~'~- ~ g N C ~ r;~' ~+ TN-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. de--velopment:'fees/pd9 $ 150 per unit 24;0 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 ^~ NS¢°4i 55,.w l4; 9 OG ' ; /4~', GrZA ~~ %P•io3 ~~ ~ 459 BRA Y 3 D-~ 45 9 ~,~A y /B 6 3 ~ o. ~P. 5~ 5 9 .'~°iv 3oz•~4 `y 535 °3/'42"w 455. ~¢ .) SC-1.8~ PO.~. :o~so t-07v~lZ W 0 o ~ 0 =FE.2T ~ - ZZ s l ~ i 'E ) - ~ i I I cA,~~,e"' iVSlo°20'/8"W /10.92.94 -~„I ~. /Vsa-° a-l ' /~ ••vV z/~~. a3 Soti/o~4 Assoc. Z3S9 O.K. 9Z5 GATT/ NURSER y /NC. 34 ~ p. R. Zlo 7 ~~ O O ~ FIKST So~rNeR~l SANTA ROSH (3APT~ST C1-1cJRGN ~- v -/ / OF PETAC.uMA f R. CoG.LEGE ZZZ~ U~~ Z45• -+ d/ST,P/C T ~ , Si,/An/ O ~~' ~oc.,vo. 8Z-o3R48 ~•~ ~/ w „~F ~~ l ~0/°1 O f`~f "'~'`~{ & ~;. U ;, , ' i~~ r. 55'4 °3.4 'S8 "E ~" ~,,~ ;~!~N /54.!0!0 , , J~ ~~` • ,Eo >i~ O ~ ® I '~ \ ~ ~ I . W ~''~ ' l~o~. n/O• ~~-093440 M`3A'IC C'Q:• :`p ''£ ~ ~~ ,tio ~4NNEX.4T /On! i,~' ~ ~ 'gym 322 MA~°5 /3 5 5¢° 33'00" E 2~,39:.7G s ~~ - - 207 9b ~.- PETALUMA L~/ATER"~ l~EPr A~vnl ex AT /O,J '$ 3 MAPS 8 ~J /,~/D~TH P~TAC tJ/~'lA I~O~G~A//ZATlO~/it/O• ~ 3/4- MAPS / 5 c~~r~s~ y ~~v~~x~Tlo,~ 332 M~~3 3 NOS YH M c rDO ~n/EC. L ~OC/L ~ VA fP0 Yo~l/.!G ANi~lEXATIOn/ !970 4-!o MAPS 31 DE~/MAN! 4N~/ExAT/o~/ /~/O. ~ /4G MAPS /~ ~1TY IENCItdEER'! I, THOAAAS S. HA! HEREBY STATE.. DESCRIPTION O~ COUNCIL OF ` _-r ~ . ,