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HomeMy WebLinkAboutOrdinance 1790 N.C.S. 02/20/1990~~~TE!! T MAC ~ 2 1990 J U t.' ~ ~ Q t ORDINANCE NO. 1790 N.C.S. Introduced by: Vice Mayor Brian Sobel Seconded by: Michael Davis AN ORDINANCE OF THE CITY OF PETALUMA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND McBAIL COMPANY FOR AN UNNAMED DEVELOPMENT LOCATED AT APN's 137-070-06, 07, 08, 10, and 11 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 1790 NCS 1 of 2 9Q~3 1 J ~` 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.mcbail / resol3 Ord 1790 NCS 2 of 2 ~o~~o~~~o ~op~ DEVELOPMENT AGREEMENT BY~ AND "BETWEEN CITY OF PETALUMA AND McBAIL COMPANY AND RICHARD GRAY " FOR THE DEVELOPMENT KNOWN AS GRAY PROPERTY APN 137-070-06, 07, 08, TO' .& 11 This Development Agreement is entered into this ~o ~hday of ~!1.k,1;~i~ 1990, by and between McBAIL COMPANY AND RICHARD GRAY, (the "Developer") and THE CITY O"F PETALUMA, a municipal corporation (the "City") pursuant to the authority. of Sections 65864 through 658.69.5, of the Government Code. RECITALS 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 sec . of, the Government Code ("Development Agreement Legislation") which authorizes the City of Petaluma and an applicant for a development project to enter into. a development. agreement to establish development rights in' the applicant's property: Pursuant to the Develop- ment Agreement Le"gslation; the City Council.. of the City ("City Council" ) adopted. Ordinance No. 1072 N.C.S., Article~.19.3 ("Development Agreement Ordinance!') es.tablisliing procedures anal requirements for consideration of development -ag"reements. ' B . .Developer owns in fee 95 ..94+ acres of real. property described in Exhibit 1 attached to this agreement (the "Property") . C. On May 1, 1989 the City adopted 'by Resolution No. 89-124 ~/ N.C.S. the Corona/Ely Specific Plan ("Specific Plan"),which sets" out in ~~ ,~ ~~ detail the type and density of development within the area. controlled by public.,. improvements, circulation, and other- requirements for development. D , On May 1, 1989 the City adopted Resolution No . 89-125 N . C . S . (the "Financing Plan")- which recommends the means by which. certain public improvements within the Specific Plan could be constructed and paid for. E . On May 1, 1989 the City Council, by Resolution 89-122 N . C . S . , certified as adequate and complete under the California Environmental Quality Act and adopted the Final Environmental Impact Report ("the EIR" ) for the Corona/Ely Specific Plan and designated the same a master EIR during the effective life. of which a project :may be approved without further or additional environmental assessment provided the project is consistent with they applicable provisions of the Specific Plan. F. Developer wishe's 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 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 confained in . paragraph .3.2.5 below. . 3. -The Environmental Impact .Report (EIR) for the Corona/Ely Specific Plan has been determined to have an effective life of seven (7) -2- 1~ ~ . 1 . ,t, ~ years, beyond which additional env.ronmenta'I'"re•vew may be required by - the City 4. The' approvals. and. development policies described above shall b`e referred.. to 'in this agreement a`s the ".Existing Approvals.'" H. City and Developer have taken all actions mandated by and fulfilled all requirements sea forth in the_ Development Agreement .Ordinance. I. Development .of the Property in accordance with the -terms and.. conditions of this Development Agreement will .assure orderly growth and development of the area according to the policies and goals set forth in the General' Plan .and Specific Plan. J. For the reasons recited herein, the City .and the Developer have - determined that the Project is a development. for which this D;ev.elopment . Agreement: is approp%iate. This Agreement wlliri 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 d`eve"lopment of the Project, and otherwise achieve the goals and purposes.. for which the Development.A.greemen~t Statute (Government Code Section 65865: et se .) was. enacted. K . The City. Council has reviewed anal.hereby approves the provisions of this 'Development Agreement. It ,further finds that this Development Agreement confo"rms to the City General. Plan and Specific Plan • and i s implementation • is in 'the best interest. of the City and th'e health, safety, and ~wel`fare o'f' its residents. -3- AGREEMENT N`OW; "THEREFORE, it ~is agreed by ~'~the City ~arid Developer as follows - Article 1 PROPERTY AND TERM ,1'. l -.Property S_ubjeet to this Development Agreement. All of the Property described in Ex'hibi "1!! shall be subject to this. Development Agreement. The parties intend that the provisions of this Development • Agreement shall constitute coven-ants. which shall run with ' -the Property and the benefits and burdens hereof shall bind and inure to all the successors ~n 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 D.e,velopment ..Agreement .and shall continue until..:" .. , ~ 020 1997 (7 years) unless extended or .earlier terminated as provided herein. ' Article 2 . D:EV:ELOPMENT OF THE PROPERTY ' 2.1 Established Development Standards. . The ;permitted. use of the Property, the -density and intensity of use-, the maximum height and size of the proposed buildings, provisions for .reservation or dedication of land for public purposes, provisions for on-site ;and off-site" public improvements, and other terms. and conditions of developmen applicab e to the Property as set forth in.: - _4_ ~, - (l,) ~T~he General Plan as of the date `of this Agreement; (;2) The Specific Plan; . ,(3) All Conditions of Project Approval asadopted .by the City Council incorporated into this Agreement by amendment. `2.2 Rules, .Reg,ulatoris and Official Policies,.. (!a) Thi's Development Agreement and the rights of Developer to complete con-struction., of the Project pursuant to .,this Development Agreement shall .not be affected by any subsequent ordinance, resolution, polc.y~, ..,plan, or rule the effect of which would limit` the number, size, or ' amount, of residen-tial development as permitted ,by Paragraph 3.•2.7 or other development or improvements consistent- with t-he Established Develo.~pment 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) . Tlie foregoing limitation ('2.2(:a)-} shaall not apply to a moratorium adopted either b.y the City Council ,or by initiative of the people which mora'to.ri.um is adopted to preser-ve 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 jurisd`etion other .than the City prevent or preclude compliance with, one or more - provisions of this. Agreement or .require changes. in pavans, maps,. or permits ~app`roved by the City, this Agreement shall be modified, extended, . _5_ or .suspended as °may be necessary to c'omply¢ with 's;uch 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 ;A;greement, all applications for. Cit"y-approvals, permits, and entitlements shall be subject to: development. -,and, processing fees and taxes ~.. , within the control of the Ci,t.y which are in force. and effect as of the date of the application. " (e) 'SCodes, ordinances, and regulations re atng to construction standards or permits shall•~ apply as of the time, of grant .of each applicable construction permit.:. ' ~ :(f) . •The parties. intend this Development Agreement to permit - owner to proceed with the: orderly construction of t ie Project without - delay. .' 2.3 Permit ed De'la.~ys. In addition "to provisions of fliis Agr:eemen ,~ 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-~lab`or disputes, C,6) shortage of materials or ,.. . • sup.paies„ ('7) damage, to work in .process by, reason of fire, floods, ear.fh~'q.uake, or••other casualties, (8`) the failure, delay or inability of the: of-her party 'f"o.;act, ~(9') .the falure,•.delay or n_a6ility of the City after request. 'b;y Developers -to hold hearings necessary °to ta'ke •.actions necessary for the purpose. of acquiring property 'for the construction of roadways or other' offste. piib~liefacilities required by the :Specific Plan, Financing -Plan, or tte p an self, out' in Exhibit 2 'to this Agreement, if any. Each party - shall.notifyVthe~ other party in" writing. of any delay and the reasons for it • pr ;.. , .;- as soon as possible after the delay has been, determined. Failure to notify the otYier,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 • a11~Conditions of.Proje'ct Approval adopted. by the City anal 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 rig it-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 an:d EIR. In return for Developer participation in the Assessment District, City agrees to grant Developer residential allotments ;according, to thee. terinsl~ and provisions set forth in Section 3.2;5 of~ ahis -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 Sorioina Mo.wrrtain -Parkway, on each single-family dwelling to be sold, prior to the close. 'of escrow. Thin provision shall not, apply to commercial ' development or.multi-family rental residential projects not requiring the- . _7_ subdivision of -land, nor to bonds .or ;assessme,nts ;for the purpose of purchasing school. sites or constructin-g school facilities. 3,1.5 School Facilities. .Developer shall. develop funding mechanism(s) to ensure acquisition of sites and corisfruction of additional school facilities to meet 'the 'needs of the project to the satisfaction of school districts an`d' 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 137-06'0-19 G1enBrook Property APN 137-070-06, 07, 08, 10 & 11. Gray :Properties City and Developer agree ,the Glen'Brook 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- e:u~ fees pursuant to City of Petaluma Resolution 8.4-199 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 less 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.yy~~ FFgrontapgTe,~'t ~r~. d~ 6 ~ ~ ltl y~ -8- ,. ~ . mprovemeri;ts .and utilities to serve, the.."parcel; sha•11 be installed by De.v-elop:er. (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, a.nd upon application by the Developer, City shall; •prompt y refund to Developer the in-lieu fees • paid for the G7enBrook 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 opaion to deliver complete units (.furrikey) to •t-he City or to a nonprofit' corporation the City selects. • ~ 3,• Location of the parcel and development of the housing described •abo've hall give due consideration to the Corona/Ely " Specific Plan. Unit`s_ constructed` under the paragraph not otherwise exempt fromprocuring allotments pursuant to-._ tli'e -Residential Growth ~Mari'agement •Ordinance,,~ shall count against. the• allotments assigned to the Property_ ;pursuant to, paragraph 3.2.5 of this Agreement. Allotments used for affordable housiirg shall count against the last developmenf• year shown in paragraph 3.2..5, r.~gardless 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 tlie,parcel~~to the City • of Petaluma.; and completion .(or guaranteed completion,) of frontage and r • utility improvements ao serve he parcel, Developer ,shal°1 6e deemed ~to _, have satisfied the requirements, `of t_he `H;o:usng Element of the Petaluma General' Paan regarding providing affordable housing . (b) Upon the transfer of t'he parcel to the City of Petaluma, and completion (or guaranteed completion) of frontage and utility `improvements to serve the parcel, Deve oper shall be deemed to have satisfied any obligation it .may have to pay in-lieu fees pursuant to City of Petaluma Resolution 84-199' N.C.S. and an,y successor to that Resolution . {c) Construction of the a#fordable housing shall be performed. by the .City of Petaluma or its designee, including developer, if applicable . 3.2 Citv. 3.2.1 City's Good Faith Iri 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 S andards and this Development; Ag-reement. ;3.,2:2: Benefit District. City:;~ag,rees to create a Benefit Fee. District: at ':the same time the Sonoma Mountain Par"kwa-y Assessment Di trict 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 -io- District and applied to the subject properties at the time of development. Proceeds •collecte.d 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- o,f 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 d-ate, .and tohave the system operable in 1990. (b) Developer agrees to pay water connection fees in effect city-wide at the time of development. (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 -construct-ion ' 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 lands;cape•:and lighting maintenance assessment district created by the Developer and' adopted 'by the City,, pursuant to'the Landscaping and Lighting Act of 19,72; with boundaries co-terminus, with the boundaries of the Sonoma Mountain Parkway Assessment District pfius •those landscaped portions. of the Parkway initially constructed, a"long the frontage of or ~~ throug'h~ properties not participating in •the Parkway Assessment District. ' City ~sliall' create said district. at the same time as the assessment district for. Sonoma Mountain Parkway. City agrees. to require. all properties in the Corona%Ely Specific Plan area: which develop after or are annexed after the creation of the ,landscaping and lighting assessment district to annex to said district as a~•conditon of development .ap,proval. 3.2.5 A11otments . City agrees to grant Developer allotments on an annual basis according to the following schedules: 1990 -0- 1994 100 1991 -0- 1995 100 1992 72 199.6 '1~1- 1993 ~ 71 ' . Developer shall be exempt from the allotment forfeiture provisions as set . forth. .in Chapter 17.26 of the Petaluma Munic"ipal" 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 .ye"ar in which the total number of City-wide allotment "requests is less than ~ the' number -of available discretionary allotments, "D.eveloper 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 fore the same number of units as allotments granted. • -12- ...~: .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 governmen al 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 omly 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 atta`che'd to this Development Agreement and become a part of it. An operating memorandum shall require no prior notice or hearing nor constitute an amendment to this Agreement. The City's Planning Director may enter into such operating memorandum on behalf .of the City. 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 mahner as set forth in Government. Code Sections 65867, 68567:5, and 6586,8 and Article 19.3 of City of Petaluma Zoning Ordinance 1072 N.C.S. 3.4 The City and .Developer agree fo amend this Agreement upon approval of the Project by the City in order to ;incorporate. all conditions of approval herein. ®~.T3. ~'7 9 ~ N ~ ~ -13- .: Article 4'. SPECTA:L RULES REGARDING ALLOTMENT`5 AND "CONSTRUCTION OF UNITS 4.I 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 fora given calendar year, City agrees in the next succeeding year to allow construction of 100 0 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 frames and conditions of .approval required through that process. -14- ` ~ 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 A;greemerit 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 and review by the City Council within 30 days in the manner set forth in Government Code Sections 658.65', 65867, and 68868. Failure or delay- in giving notice of default pursuant to this Section 6.1 shall not waive any default, nor shall it change the time of default. Except as otherwise provided in this D.evelopment~ Agreement, failure or delay , by either party in asserting any of its rights or remedies as to any default shall .not waive any default or any rights or remedies or deprive either such party of its right. to institute and maintain any actions ~~~. ~. "~ 9 0 N C ~i -16- or proceedings which it may deem necessary to protect, assert, or enforce an,y..righ;ts or remedies. Evidence of default may also arise in the 'course of the regularly scheduled annual xeviews of this agreeme'n't described in• Section 6 . Z . 1 below. 6:. 2.• Annual Review. 6.Z.I 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, m'ay 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 letter to the Planning Director setting forth Developer's good faith compliance and provide other documents and information reasonably necessary, to enable the Planning Director to undertake the annual review. • 6.2.2 Noncompliance. If the Planning Director, on the basis of substantial evidence., finds that the Developer has not complied in good 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.Jreasonable time for -Developer to meet the. terms of compliance, which time shall be not less t'han' thirty (30) days, and shall be reasonaba,y related to the time necessary to bring .Developer', performance into,` good faith compliance with the ter-ms of this Agreement. If the areas. of rioncornpliance specified by the Planning Director are no:t 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 ~Cit'y Council. I:f. the matter is referred to the City Council., the City Council shall schedule a hearing on the referral not earlier than thirty (30) days after the matter is referred to it. At the hearing.,;. Developer shall be entitled to .submit evidence and address all the issues raised in the notice; of noncompliance. The Developer's evidence may be in writing or may .be taken orally at the hearing before the City Council;' or both. If, after receipt of any written response of Developer, and. .after considering all of~ the evidence at suchpublic 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 deterriiriation 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~ nooncompliance on a point-by-point basis on_ any referral to the City Council. ~ ' 6'.3 Applicable Law/Attorneys' Fees.. This Development Agreement shall be construed and enforced according to the laws of the State of California. Should any legal action be brought by either party because of breach of~ this Development Agreement or to enforce any provision of this Development Agreement, the prevailing party shall be entitled to reasonable attorneys' fees (including reasonable in-house counsel fees of the City and Developer at private ,rates prevailing in Sonoma• County) , -court costs, and such other `costs as may be fixed by the Court . 6.4 Specific Performance. The parties acknowledge it is and will be impossible to measure in money any or all damages which may. result to; Developer by reasons of any failure on City's part to perform .any or all of its .obligations under this Development Agreement: If Developer or its successors or assigns shall institute any action or proceeding to enforce or interpret the provisions of this Development Agreement.; the •City shall, and hereby does, waive the claim or defense that Developer has an adequate remedy at law, and the City shall not. urge or be heard 'to urge in any such action 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 ®~~. x.7'9®NCS., • -19- Agreement is recorded, including the lien of any deed of trust or mortgage ("I~lortgage") . 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 ariy portion of it by foreclosure, trustee's sale, deed in lieu.of foreclosure, or otherwise. 7.2 Mortgagee Not Obligated. Nofwithstanding the provisions of, Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement ,to construct or complete the construction of improvements or to guarantee construction. or completion. However, Mortgagee shall not be :entitled to devote the Property to any uses or 'to construct any improvements on it other than those uses or improvements provided for or authorized by thi's 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 Mortgagee, 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 qr remedy, or to commence to cure.' or remedy,: the event of default claimed ~or the areas of noncompliance set forth in the Ci'ty's notice . ~i`T~~. ~ ~ ~ ~ ~ ~ s~1 -20- . _ .,-_v - ~ - - .~. ~h ~ ~ i • ~' Artic•le 8' . • • ' - TR'ANSFER'S AND• .ASSIGNI~4ErITS .81` .;Right to Ass'g.n. Developer shall h-ave the righ t'o sell, assign or transfer this Agreement acid all of` its `rig"hts, duties, arnd obligations under it to any person or.° entity at ariy tirne.• However, .iri no event shall the rights, duties• and obligations. conferred upon Developer pursuant to this Agreement be at any :time trait fer~re'd or. `:assigned except through. a transfer of Developer''s~interes , in the Prop.erty,,or a portion of it. 8.2 :Release U,pori Transfer. Upori the sale., transfer, or assigrimen~t''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. effectivedate of such transfer. (i) if Developer is not 'then in default under this ~~A;greement, (ii) Developer., Yas- provided to City notice of ~ s.u?eh 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 (BJ. .thee transferee. expressly. and unconditionally assumes all of the obligations of;-;Developer,.° under this Agreement pertaining to. the Property or the portion transferred. Failure ~fo deliver a written . assumption agreement shall not affect any covenants in this Agreement which run :with the -land; as provided "iri-.,..Section 8.3 below, 'nor shall such - .failure negate, modify; or otherwise affect .the liabili'tq of any transferee under this Agreement:. , ~ ~, 8.3 Covenants ~ Run With The Land.. . ,: ,.- - .. All of^~the ,provisions, agreements, rights, powers, standards, '- • terms, covenants, and=ob igations contained =.iri ;this Agreement shall bind -21- ' a 'r , the parties and' their respective heirs, succes ors (by merger, consolida- tion,' or o"therwise) and assigns, ,devisees,, administrators,. representatives, lessees,, .and an,y othe'r~ person or entity .acq.uiring the Property, or any portion of it, or any riter'es.t.'in it, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of ~ the parties and their respective heirs, `succes'sors (by merger, consolidation or otherwise) and assigns.. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law,, .including, but not limited to, Section 1.468 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 owners'hip~ of the properties'or 'ariy portion of them, and each. person or entity having any 'interest derived yin any manner through any owner of the properties, or any portion of them, and (iv) shall .benefit each party and itsproperty -under this Agreement, any successor. Article 9 GENERAL PROVISIONS 9.1 Project is a Private Undertaking. The development contemplated b:y this- Development Agreement is a private development. The City has no interest in the Project anal no responsibility, `for or`.dufy to third persons concerning eny improvements- to. the Property. Developer shall have full power over and exclusive control of the Property subject' only to the limitations and obligations of the Developer under this Development Agreement. -22- 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 thisAgreement 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 Ci y and the Developer below. A party may change its addr-ess for notices by giving notice in writin°g to the other party. City: City Manager City of Petaluma 11 Englisfi Street Petaluma, California 9'4952 Developer: McBail Company Post Office Box 105„6 Alamo, California 94507-1914 9.3 No Joint Venture or Partnership. Nothing ~containe_d in this Development Agreement or in any document executed in connection with this Development Agreement shall be ¢gnstrued 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 un`enfor.ceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered. or abridged by such invalidation, voiding or -23- d k unenforceabilty,~ provided, . that the parties ma:y in any event .by mutual consent continue any or all of such remaining provisions in full force and effect.' 9.5 Entire Agreement, Thin A.greemenf ~ is exeeu.tedin four (4). duplicate originals, each of whicfi is deemed to be an original. This Agreement consists of forty-four (44) pages, includin-g the ~ recitals and exhibits, which constitute the entire understandin.g~-and agreement of the parties. Exhibit "1" ~ Descr'iption ofProperty; Exhibit "2" Sonoma M,ounaari~ Parkway bescription; Exhibit "3'! Participation Schedule; Exhibit "4" Schedule of ,Development Fees. Upon completion of performance by the parties or revocation of dais 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 SonomaCounty, California. 9.6 Estoppel; Certificate. Either party may, at an.y `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 ora•1Ty 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 ac~knowled''ges 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 th'e -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) employee or -25- .. agent of either Developer or its general partner shall be personally liable to the City in the event of any ~defailt 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 Dev:eloper's contractors, subcontractors, agents, or employees, whether such operations are performed ,by Developer or by any of Developer's contractors, subcontractors, by any' one or more persons directly or indirectly employed by, or acting as agents for Developer or any of Developer's contractors or subcontractors. Developer shall defend City and itsT 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 proceeding. Developer agrees to and shall save, defend, and hold harmless the City from any and all. claims, costs and liability arising out of a legal action -26- brought agairist~ the:. City which; chal_Ien;ge's any-portion of the development agreement. Executed the day and year first written.. above. Approued`as to Form,•.~ CITY OF PETALUMA- ~ A Municp orporation B~ ayor _ - DEVEL'O:PER M'cBAIL COMPANY. ~,+~ ~'',~~rk ~ Its f'r a7.<' c r ~,!~' ~;i(y~~~,' ~',~~ _~ ,~: .: ,,. Ric ar ray - ~ ' ~, .. .- ,,, .. E Gtfic;e~ l'A~~~~ ,-~ ' development agrmt 2 - PLA;N2 - 3/15/9.;0 ~. -27- .. . (Yi ~ ~ N l~l f C ~ ~~ ~~ ~.~ G ~~ ;:~~ I' OPCER~ • ~+P N. r N • .,,. ~Ss~wt AOtlrau C~ev a Stato ~ aEC:oG~hG, A'@~UES'EC ®.'- _ Founders Title Compan '~ 207-499CR 137-0.70-IO Rr£M ACC OA~O tD w~iL. t,p MC BAIL, COMEANY. 3200 Danville'. Blvd. ~i200 Alamo, CA 94507 Grant - ~` Tee undersigned grantor(s) declare{4>: 84?`~VQ•~:°~ CCt~~~ bocurn~ntar}~ tran8fer tax t, 3 ...69`,i., QO;.,• ~CUwl~VTAAY TEiAd~.~EA TqX ( X) computed on tuff value oL property Conveyed, or ~ - ~ ~ computed oa full value leap value of 1i~ns s.nd encumbrances remaining at time of sale. ~ X ~ t:nlneorporated area: c ) Clty of ...:............................ i ~ Realty not sold. ........°.~..., FOR A VALliABLE CnNSIDERATION, t~ccpt of which is hereby acknowledged, Richard Garay and Faith E. Gi;ay, hill; wife, as Co>ataunity Property hereby GRANT CS) to McBail Cofapany, a California General Partnership that pr~~pcny' in as: Sonoma County, State of California, described BEING in the Petalufaa. Rantho; an faore particularly described as follows;: COMMENCING. at an: iron-pan on. the No~raheast side of a .road fro>n which the: most Westerly corner of Lat 2.9:6 of the Pecslutaa Rancho is North 54° 17' Wetst, 651.3 feet disaant; thsnce along, the Noreheaee side of said. road, • South 54°. 17' East, 780.7 feet Eo~an iron pin; thence leaving said road, North 35° 28' East, 670.0 fast to an iron pin>; thanes North Soo 20' W~ t, 780.7 feet to an iron pn•; hsnce'$outh 35° 2'8' West, 669.2 feet to the point of beginning, A. P. No. 137-070-10 ~~~.17 9 ~ ~ ~ ~ -'-iisiiitee ai;- gu6~es flDOVE- -' -~- - ~ Mar! tax statemer,te to-. `---- -- llata ~~ca~.~er 21. 198B _ Tn~'l: (~- ~A ,ctURVI.~ Richard Gray -- _ . _ _. COG'~TY OFD _~55. a--~ ott llscember 21.1986 11 , _. ' ~ ._ before me, the and®r'i~etsd, ~ ~ -. . a Notarv Public in and• for weld' State, peseonelly a a' "' .• ra pAegred. Y ~~ 9 ~~9g OE'' ~ 3 ~ 8 0~ ~~~ 0o2~s C."r~~ ~~;, ~ri,lil~UJ sa~rM,;~ ~~ ~;, ~ >' chi ~ oah(a ~..r"~1J.1r. t ~ 1 ~ ~~y V SPADE. p9Ovg TNrS t_iNE ipq. R£GOROEA'S u3E personAT>y known to me i or proved o ~s®~ ~ ~~~ ~ sac~elacl~ry evidence) to be the person s wheee name subac'ibed to the within itu,trumeml pad me led~ed ih~t they _ executed the eam.. Witness my h ®nA fficial Baal. }ignuw~ _., ._ - _. ~~tiGB+ ~~ ~. ` 1.mr ~ T~p~d or Pr~n+ad ' ~''~ ~fiCtAl 8t14t ,.~+: ~~ C~R~I RYAW •~~~~ +~ ~'/~ IM ror n s.aor, c,; 4pni 1, I99~ _` •_ .PARCEL TNR~E: B6. I I OG~J • ~ PORTION 0! Lot 296, according to Rose's Hdp cgf P~he 1CountynReo as said Map appear® of recor,b in the office corder of Sonoma County and particularly described as follows: 6E~I,N~NING as a poina in the center of the Bethel School Bouse Road leading from Petaluma and Santa Rosa ro ert Bdescribedoin Rouse at the most North~erl~oc~cEneCEakerheet al, dated July 1S- the deed, Louise M. Lo g 1922,= thence i..n a Noctheastaa 1.334 13,egeetn ton an li on tpincor tpipeE the Bethel School House Ro thence South S~' a,0 ~ atst331 16 feetetotan eitonr pinpior ostakep in thence South 35 28 We ~ the a~ost S.oyut.h~easteely : o18'e w et ,621. 3a feet to therpointaof . thence running North S4 beginning . BEING the same property ae 'that described in the 0ecree og Oiskri- bution in the a.state og tennis W. Long, deceased, Supeeior Court, Sonoma Count,Y, No. 11565, and cec'orded in Volume 3S2 of Official Records, Page 6`1 on November 17, 1933. A.~. No. 137-070-OS PARCEL FOUR: or t,,ions of .Cote 296 and 297 0l the Petaluma-Rancho, and BEING p more particularly described as follows. • CQMMENCING at a pDint oche h c to Ea-seelcyr brneceolf that ce9 taro • the• Petaluma Ra-richo, at '• • 10 acre tract of land descr ibex in the deed iro:a Dennis N . Long •and Louise 01. Long to James V.. Long, dated Jun• 12, 1915 and recoeded June 1/, 1915 in Liber 33j of Deeds, Page 111, Sonoma County Recordst thence Southv.ester.ly along the Southeasterly 8.0 feet to the most. Southerly boundary o¢ said 4O sere tract, b68. Notthvesterly and along corner the°reol~ thence at right angles, S1 f e:t to the Southa~esteely boun^arys id gSouthvesterlYr boundaey,~ North 35° a pointf thence leavi g Dint on the North- 470 East, 668.7 ~e~et, ®oce of lass, to a p easterly side of Coe 296 0l sash cl t li ea l Lots3 296eand 297tof easterly along the said Northea Y Dint of said Petaluma Rancho, 1289.51 feet., more or less, to the p beginning. A.P. No. 137-070-06 PARCEL FIVE: 0o the ~ A RIGHT OF wAY over a strip of land 18 feet aide, ad j Nonrith 54 • ~ SouthvesterlY side of the above tract, and running is more ® 26 ~ West, to the County Roadollowsa hi also,i and gas appurtenant to ~ particularly degcclbed as f Eor alI ~ said 20.06 acre tract, the perpetual right ®¢ eneeall used, `~'' purposes foe which all country rights of way ate g Y ~ over the land 18 lest vide, beginning with the Southeesterly ~ corner of the property herein liner of the ilandsaol JamesnY• tLonge ® along the Southwesterly aide ual width o! 16 Beet to the i~ a Northve~eter-ly di•rection, an e9 County Road, running from the Petaluma and Santa ROSS [Dad to the ao~t,wt school Souse. 1110249 ~XHY9IT A DESCRIPTION: Al l Ghat cec tai.n real pr9p:er ey s ituated in the County of Sonora, State of California, described as follows: PARC`E'L ONE CO~fM.ENCING at a point in the center of the 60 foot wide county Road, cunning frog. Bethel School Rouse to Petalu~aa, at a point Northeasterly 10 chains, 13 1/3 links distant fro® the North- easte~rl.y side of the 80 foot road., connecting. ~ he cities of ?etal.uma and Santa Rosat running thence South 5, 33 Bast, 39 chains and 49 links; thence North 35° 2T' East, 10 chains 13 1/3 links to then Southeasterly corner of the tract partitioned and conveyed to James V. Lungs thence North 54° 33' Fleet, 39 chains and 49 links .along the Southwesterly side line of the land of James V. Lonq to the center of the said 60 foot wide county Road; thence $o.ut`h 35° 27° West, 10 chains 13 1/3 link8 to the point of beg.innin4. T8E LAND herein de.ecribed, being poreiona of Lots 296 and 297, as the same ark land down and designated upon the map of the Pet- aluma Rancho,. nrads . by Rowe 9roe. , a:nd being the. rentral.ly 1/3 of the land se.t out and described in that certain deed dated April 14, 1899, executed by Mary Long, party of the first part therein to De~nnie ~. Long, et al, patty o.f the seond part therein, and thereafter recorded in the office o.f the .County Reeorder o! Sonoma County, in Liber 3D4 of Deeds, Page Z19~ Sonoma County Records, which said deed i• hereby referred to and made a part hereof . A.P. s~o. 137-070-07 PARCEL TWOt BEGINNING at an iron pips on the Northeasterly aide line of the Adobe Road, sunning to Ely Station, at a point thereon, 1432 feet, South 54° 17' East from the centerline of the Sethel School Rouse Goad, which said point is aloe the 5outheasteriy corner of the lands of Edward J. Longs running thence North 35° 28' East, 670 feet, along the Southeasterly scunnin nethence eSouth 54°d20f Edward J. Long, to an iron pipet 9 East, 1184.3 feet to the lands of Lawler; running thence South 35~ 28~ west, 602 feet to thadpoint of beginninging thence North 54 17 West, 1180 f R.P. No. l3~°070-11 Continued ^,~ ~ EXI-iIBIT 2 CORONA-ELY SPECIFIC PLAN ASSESSMENT D(STRIGT PRELIMINARY SPRI=AD N~. 5 The major public improvements that are anticipated to _be constructed by the Assessment District within the ,Specific Plan Area are listed below. There may be other improvements. included in the Assessment. District required by the: City of Petaluma which are note included in this preliminary description of work A EIy Boulevard and Sonoma Mt. Parkway These streets are anticipated to be,constructed per the alignment shown in the Corona-E y Specific ;Plan ~ from approximately 700 feet north cf Washington Street to North. McDowell Boulevard. Ely Road in the ccunty is presently a straight two--lane country road- from Corona Road to the present city limits. Efy loulevard within the city is presently improved along its westerly half from .the present city limi s at Morning Star Subdivision. to within 70:0 fe:ot of '1Nashington Street where .full improvements exist.. Ely Ioulevard is proposed to be renamed Sonoma Mt. Parkway and is shown having two travel lanes with Class Ilb Bike banes and a landscaped median in th:e Corona-Ely Specific, Pian. Landscaping with backon treatment ~is~ ~anticipafed 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 landscaped median in the present right of way or 64 feet+ of right of way'from the Bollinger property to Corona Road. E'ly Boulevard, is .anticipat©d to be constructed as' a two lane collector from . Sonoma Mt. Parkway ,to, Corona Road with curb, gutter, dranags, water main, and, sanitary sewers in the existing 80 foot right-of-way. WaCls, 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 developrrient. Page 1 of Z EXHIBIT ~2 B. Sewer Trunks A new trunk sewer pipe is n,ecesary to serve the northerly protio.n of {he - Spe~cific'i'lan area to be constructed from th'e railroad tracks at Corcna ' Road `n Corona Road"'to Sonoma Mt. Parkway and in Sonoma Mt. Parkway to the,uture junior college site. ' Thesoutherly portlon~ of the. Specific Plan area above EIy Road from ,the property south of the jun or college slue to Lynch .Greek would be served by a new trunk sewer'<extended northerly and southerly in Ely Bo~ievard from the presently tubbed, ~2 inch sewer at. Rainier Avenue. G. Water Mains - A 12 inch main exist~s:in Ely Boulevard from Washington Street to Capri Creek .at the northerly city limits. ~ A new water rimain' would have to be - constructed from .the present city limits to the Sonoma County Water Agency aqueduct at- the, Nortfiwestern Pacific flailroad tracks at Corona -~ Road, in Sonoma Mt.- Parkway, and. a new water main constructed in E!y - Road from Sonoma.Mf. Parkway to Carona Road. .. - Pressure Zone IV ,work is not a part of this Assessment District but is necessary to serve .tte~ east side of Petaluma northeast of EIy Road above - the 6~0-.foot elevatPo~n. - D. Creeks an'd Drainnage - Construct parallel -and .(a~teral drainage systems.within the public street right-of-way including, the. LynchCreek, Capri Creek, and Corona Creek - : cross culverts o'n'Ely. "Road and Sonoma Mt. Parkway.. Make temporary - op;eri ~difch improvements to Corona Creek, from Ely Road to McDowell :.. Boulevard or:-an alte,rriativ,e pipe system. 'f;t is assumed that all other drainage work ou# lde Elie construetedf EIy°.Road .and Sonoma Ntt. Parkway - right-of-ways required as-.part of th'e Corona-:Ely Specific. Plant will be~'done by `developers. - . - . . , - 0~~.1 ~' 9~0 N C~ EXHLBIT 3 Paraicipat,on S`ch~e.dul.e Sonoma Parkway Company - 36$ McBail. Company- 30% Cherry Lane Associates 11% Quaker Hill Development Corporation/ 16% Ross Blackburn B-T Land Development, Tnc. ~ 7% TOTAL ~ 100% o~~. l'7 9 ®N ~~ 3 Prepared By ~. . ~ City of Petaluma Co.rnmun fy Planning & Development Dept. february 7, L990 ~~ ~~ ®~~179®N~S SPECIAL DEVELC~P;h4ENT FEES - This booklet 'is a collection of ,general` descrip"tons ~ of special development fees imposed on new' construefion 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, resolu ions; 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 (,.e.. °subdvision application, building permits) . Included are descriptions . of'the following fees Sewer Connection Water Connection Community Facilities De-velopment Storm Drainage Impact Dwelling Construction Park and Recrea ion Land- Improvements School, Facilities , In-Lieu for• Provision, of Low Income Housing - Applcarr~ts should be aware that all fees are subject to change by Council action. Current fees should ..be-,confrmed. For further information contact the Community Development and Planning Department, 11 English ~•Street; Petaluma, CA. 9495.2, phone 707/778-4301. 1 SEWER GO.NiVECTIO:N FEES APPLICABILITY: Any. "connection to the.:public sewer is required to pay a sewer connection fee . " ' CALCULATION OF FEE:.. Sewer connection fees .". are e'sfablished by resolution of the City Council. Fees are based upon the classification of user: residential; non-residential, excluding industrial; and, industrial. Residential u`se'rs pay $2,550.00 per unit (Accessory Dwel-ln;g $1,000.00). Non-residential (excluding industrial) users pay a~ fee based" upon the number of fixt"ures -installed, $2,550.00 minimum. Industrial users fee is determined. by individual application. TIME OF PAYMENT : "" Sewer connection fees' are.`paid prior to is"suance of a plumbing permit which is required prior to .connecting the sewer. Municipal Code 15.44 - ~ 15.77 Ordinance #1543 Resolution #114 April 27, 1.987 ~~~~~~ ~ ~;~.~ E u ~. 2 WATER CONNE"C~TION FEES APPLICABILITY: Any new connection info the City water system ..must p'ay a connection fee. Charges are based upon the s'ize` of the meter. Service charges are applied " when -the .City taps the main for the connection and "installs: the service and the me er box. A'' $325•.:OD credit ..may be ,a.pplied ,when water mains and services are. constructed and financed by. the developer (15.08.040) . CALCULATION OF FEE: , Water connection fees ar-e es"tablished by resolution of the City Council. Currently;. the average single -family home in a subdivision which installs water mains . and services will pay $1, 290.00 minus. $325.00 credit for each 6,500 square feet of lot being served. An individual home built on an existing parcel and- requiring the services of the "City for tapping the main will pay $1,635.00. 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 #1.252 Resolution #9214 & #88'-93 '25 "April, 1988 ~~~• ~. 9~~ C~ 3 •~ r:. rv. COMMUNITY F•ACIL`I:TIES DEVEL'O'PNFF.NT FEES PURPOSE: The purpose ~of the Community Faeili'ties D,evelopmen~t Fee is to collect money fox the construction. o.f 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.. n A r r+r Tr A TTlIT~T r~~r. r. ctn. Residential developments are charged '$1.,3I5.00 per dwelling unit. The fee or non-residential,•developmerit is $:18,416.00 per acre for new development,. $1.3 per square oot -for buildng 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 ,5 s ; . ,+ °STORNI DR-AI;NAG.E IMPAGT FEES PURPOSE: ~ . In September 1982., the Petaluma City Counc;l~ -established Storm Drainage Impact-Fees as a means- of mitigating storm 'd`rainage impacts occurring as a result of development. The criteria .established provides for either the payment- of fees or the cons_ tiruction of on or off-site detention areas, based upon. ahetype of project. Fees collected are used by the City for the acquisition, expansion, and development of storm drainage improvements. APPLICABILITY This ordinance . ap;paie`s 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 de:terrnined by the City Engineer, either provide on or off-site detention. equal to the ca'lcu ated increase; or pay fees. Residential projec"ts 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 QF T;HE 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 areal 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 additions' rung The. amount of incremental runoff created is directly _ ~linked~to. the amount of landscaping provided.. The rriaximum 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 $15,000 'per acre foot of additional runoff. Incremental. runoff is dependent upon the density , of a project ~ and the amount of landscaping and open space provided. ~ A high density project with- 2'0$ or less area in 'landscaping could expect to .pay .$4, 500 per acre . A typical detached sin`g_le family subdivision. would pay approximately $1, 500 per-~'acre_, ' S ~R~. ~'°d 9 ®~lf t~, TIME OF PAYMENT c Flood mitigation fees for comrnereial -sand 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. titunicipal Code 17.3.0 Ordinance #1530,,.1542 - Resolution #95'64, 9565 , 9751 June 2, 1986 6 •~ :, ; , DWELLING GO'N8T'RU.CT.IQN F'EE PURPOSE: , Often referred to as the "bedroom tax," this fee provides -funds for expansion of park and recrea~,tional facilities, APPLICABILITY: .Every. dwelling unit construcaed. in the city, except_ where a subdivision of real property is involved ( ee .Park and.. Recreation Land Improvements Fee) , is required to pay' `a• dwelling construction fee. Projects which exceed four units on a single parcel of land are subject to Park and Recreation Land Improvement Fees instead. AMOUNT OF F.EE: For projects of four unites or less on a single parcel of .land, the amount of fee is based upon the number .of bedrooms in the dwelling unit. A studio or one bedroom unit pays $120.0:0. An additional: $60.00 is collected for each additional bedroom, up'to a~ maximum of $2,40.00. ' 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, 138.3 Revised December 5, 1988 C~~~- ~1 ~~~~~~ 7 ~ , ,, .. PARK AND. RECREATION LAND Ih4PROVEME,NTS FEE PU~RP.OSE: ~. The purpose of the Park and Recreation Lan=d 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.utidivision 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 Persons Per Park Land Acres Per Gross Acre Dwelling Unit Dwelling Unit Up to 6.5 3.18 .0159 6.6 to 10.5 1.90 .0095 10.6 to 25.5 1.80 ~ .0090 The cost of~ land and improvements. is currently set at $169,350 per acre. A typical single• family project with a density' of up to 6.5 units per acre will -pay $2,692.66, per unit.- Projects with a density of 6..6 to 10.5 units per acre pay $1,608.82 per unit,. and those witfi 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 dedica e and imp rove. desi'griated pu'61ic-park sites . _ TIME'. OF .PAYMENT Pa-i'k and recreation land improvement fees are ° computed for the total project at. fhe 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 #13.5;2 May 15, 1989 8 ~~~,-. ~: • SCHOOL ;FACILIT'IES EEF, 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. A PPT.TC' A R Ti.TTY : ' A school facilities fee must- be paid for every residential dwelling unit or addition built in the Waugh, Petaluma, Cinnabar or Old Adobe School Districts. .Fees must also be paid for non-residential development in the Old Adobe and Waugh Districts. CALCULATION OF FEE: The School Facilities Fee • is set by .resolution of . the City Council. The following fees apply to each school: Residential , ~ ' Cinnabar $1, 201.00 per unit* Old Adobe $ 1.50/sq.ft.* ' Petaluma $ 1.15 / sq . ft. Waugh $ 1.50/sq.ft.* - Non-Residential ~ • Old Adobe $ .25/sq.ft,* Waugh $ .25/sq.ft.~* - 'T'IME' OF PAYMENT School facilities fee is paid prior to i ssuance of a building permit. * Fees are paid directly to the School District Office of the District in which ttie < project is located. A Certificate of Compliance form is available at the ~ City Building Deparment`; Mun-icpal Code 17.28 Ordinance #13'77, •'15.12 ' • Resolutions #84-I65, 85-183, 8'S-184, 87-7, 87-2b Revised- December 5, 1988 ,~ • 9 A :~ 'u. '~ `~ . ~: ..a , IN•-LIEU FEES FO.R PROV.ISIO:N OF- VERY LOW, -LOW AN~.D DtODERATE` INCOME H~~OUSING PURPOSE The purpose of the In-Lieu Fee is to provide an option for developers to comply with Progra'rn 12 (.iii) of the Housing Chapter of the 1987-2005 Petaluma General Plan which 'states "P•rogram (12) Develo,p,ers of planned residential developments of 5 or .• more units shall .provide. 10-15 $ of their units as' ,Vaffordable iri one of the .following ways:.:-'. (iii) An in-lieu fee; related to the cost of providing affordable housing,, shall be offered to the City." The City will use the fees collected for various programs to assist in the provision of low and very low income housing opportunities in Petaluma. APPLICABILITY This policy applies to residential developments with 5 u"nits or more. CALCULATION OF FEE, Fees are calculated based upon a schedule adopted by resolution. of the City Council (Resolution 84-i99). Fees are based °upon the; .actual. sales price of lot and home, or in the case of custom home lots, the estimated value of lot and home. OPTIONS FOR COMPLLANCE ~. Payment of in-lieu fees is one of ,several options available for meeting the requirements for .. low income housing . Other op ions include but are not limited to provision of 8-15$ of the unts> fore rental or sale at .prices affordable to very low; low and moderate' income households, or dedication ofland to the City to be used as a site for affordable housing. TIME OF PAYMENT . In-lieu fees are collected on behalf of the: City~_of Petaluma. at the time the escrow: is.'closed on the sale of each lot or residential unit. A recorded agreement. establishes terms of payment. 3a~q-~~;-}9.85. May 23, 1988 • 10 ~~, F IN-LIE'U H'O'U~SI-N~G FEE-CHART Sales Price Lot:,anal House Fee Under $75 , 000 0 $ 75,000 = $79,999 ~ $ 15O per unit $ 80,000 = $84,-999 Z40 per unit $ 85,,0:00- $.89,999: 425 .per unit $ 90,O;OQ - $,94,999 900 per unit $ 95 , 000 . - .$99;'999 1; 425: per unit $100., 000 - . $104, 999 2 , 000 per unit • $105,000 - $109,999 2',100 per unit ' $110,00'0 - $114,9.99 2,200 per unit $115,000 - $119,999 2.,300 per unit $120 , 000 - Over 2 , 400 per unit 23 May 1988. specal.~development.: fees/pd9 ~~~.~~~~~C~ . 11 i i ` ~ 0 Los-~~o-se oN Joa ~b /~ Z 22 l-t~So- ~" a~ O F L 6%-~ O S b l lu od ' ~ ~ ~ ~ "o/v "ago "~ .v ~v0/1 b'X~NNty /v~/L/N~O ySUr~7 ~ la'~~~J3S ~~'9 ® Sl /~~~ . ~ ~1iJ ~( UO?1~J 'I ~ 05~o~o-O.g'O/v"~o0 r~SSO~ ~ La ~o sb~ ~ i ~ s~n~o s~7 droa~o~ ~o ~/0020-LB 'ON "Jr70 O OO"O °J ~ /N7Nt~/b b'?OJ O~_ ~ „ /~ , 82 D ESN .g.odv boz _ _ ~e"l-rs 66/s~o-~9 or~~oo srl~~o,~ 9lS•~s8 /N.il~ /FoSSS ~P 'SL-G ~F sw~a~ ~ rS1b9P/7 X2'626 Boa ~,o/,5zoi~SS bv•Ecv I ~;;oi Sl~,tss © f!°l'ZOE /N„OS.~E'os~s W ~09LE'O-~8 'ON JOO ~~ ( ~ v Od'b'MOH .~ ,-. . 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