HomeMy WebLinkAboutOrdinance 1790 N.C.S. 02/20/1990&FE&W ®ATE
OF ORDINANa
MAR 2 2 MO
ORDINANCE NO. 1790 N.C.S.
Introduced by:
Vice Mayor Brian Sobel
3 10 1 E
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
9Q03
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
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, 10' .& 11
This Development Agreement is entered into this __2o �hday of
1990, by and between McBAIL COMPANY AND
RICHARD GRAY, (the "Developer") and THE CITY OF PETALUMA, a
municipal corporation (the "City") pursuant to the authority. of Sections
65864 through 65869.51of 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"gislation; the City Council., of the City ( "City Council")
adopted. Ordinance No. 1072 N.C.S., Article'.19.3 ("Development Agreement
Ordinance'"') establishing procedures and requirements for consideration of
development -agreements.
B . Developer owns in fee 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
,e>
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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 the, applicable provisions of the Specific Plan.
F. Developer wishe's to develop a large-scale, phased development
( "Project") .generally described as follows: a plannned residential district
totaling 95 single family dwellings.
G. The following development approvals and policies have been
adopted by the City and applied to the Project:
1. The General Plan and Specific Plan provide for numerous
land use, public improvement and other development policies related to the
Property and the Project. The Project shall be consistent with the General
Plan and Specific Plan.
2.. ` The City agrees to grant residential allotments to the
Project..',on an annual basis according to the schedule contained in
paragraph . 3.2.5 below.
3. The Environmental Impact Report (EIR) for the Corona/Ely
Specific Plan has ' been 'determined to have an effective life of seven (7 )
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1 .
years, beyond which additional environmenta'I'"reyiew may be required by
the City.
4. The approvalsand 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 sett forth in the. Development Agreement Ordinance.
I. Development .of the Property in accordance with the terms and
conditions of this Development Agreement will assure orderly growth and
development of the area according to the policies and goals set forth in the
General Plan .and Specific Plan.
J. For the reasons recited herein, the City .and the Developer have
determined that the Project is a development for which this Development
Agreement. is appropriate. This Agreement will in turn eliminate uncertainty
in planning for and securing orderly. development of the. Property, secure
installation of necessary improvements, provide .for public services appropri-
ate to each stage of development of the Project, and otherwise achieve the
goals and purposes, for which the Development.. Agreement Statute (Government
Code Section 65865 et seq.) was enacted.
K . The City. Council has reviewed and 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 its implementation • is in the best interest of the City and the health,
safety, and welfare -of' its residents.
:. '79ON
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AGREEMENT
NOW, THEREFORE, it 'is agreed by ',the City -and Developer as follows:
Article 1
PROPERTY AND TERM
1.1 -Property Subject to this Development Agreement.
All of the Property described in Exhibit "1!! sha:ll be subject to
this. Development Agreement. The parties intend that the provisions of
this Development • Agr,eement 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 unti4l 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
DEVELOPMENT OF THE PROPERTY
2.1 Established Development Standards.
The ;permitted use of the Property, the -density and intensity of
use the maximum height and size of the proposed buildings, provisions
for reservation or dedication of land for public purposes, provisions for
on -site ;and off -site" public improvements, and other terms and conditions of
development applicable to the Property as set forth in.:
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0.1 79 0 N C S
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 ame'ndrftent.
2,.2 Rtile§;, Regulations and Official -Policies,..
(a) This Development Agreement and the rights of Developer to
complete construction., of the Project pursuant to .,this Development
Agreement shall not be affected by any subs-eciuent 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
pei-iod 'or periods of time or to prohibit or delay the construction, or the
issuance of such pe'rmlts or approvals as may be necessary for the
construction, of ..such buildings or other improvements for a period or
periods of time.
(b) The foregoing limitation (2.2(4)) :,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 ad6piiad by the City Council for. purposes.=of General Plan
revision shall not affect D6veloper's rights. under this agreement.
.(c) If State or Federal laws or regulations enacted after the
effective date. -;of this Ag.ree.ment or action' by any governmental jurisdiction
other thah the Cit',)f prevent or preclude- compliance with, one or more.
proVisions of this. Agreement or require changes. in p�lans, maps, or
permits �apgroved by the -City, this Agreement shall be modified,
or.suspended as may be necessary to comply¢ with's;uch State or Federal
laws or, regulations or the regulations of suchother governmental
jurisdictions.
(d) Except as, provided for specific fees elsewhere in this
Development Agreement, all applications for. City• approvals, permits, and
entitlements shall be subject to, development. and, processing fees and taxes
within the control of the City which are in force. and effect as of the date
of the application.
(e) "Codes, ordinances, and regulations relating to construction
standards or permits shall apply as of the time, of grant .of each applicable
construction permit:.
,(f) The parties. intend this Development Agreement to permit
owner to proceed with the: orderly construction of, the Project without
delay.
2.3 Permitted De'la.ys.
In addition "to provisions of .this Agr'eement,• either party's
performance shall ;be excused during any period of delay caused at any
time by: (1j acts of. God or civil commotion (2)' riots, (3) strikes, (4 )
picketing, (5) or, other•,,labor disputes, C,6) shortage of materials or
supplies„ ('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
other party '''to ;ect, 19) .the failure, . delay or inability of the City after
request Vy Developer, •to hold hearings necessary to take •.actions necessary
for the purpose of acquiring property for the construction of roadways or
other' offsite public -facilities required by the Specific Plan, Financing Plan,
or the. plan sett 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
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as soon as possible after the delay has been, determined. Failure to notify
the other.party shall waive the rights described above. The Term of this
Agreement shall be extended by the period of time Developer is actually
delayed.
Article 3
OBLIGATIONS OF THE PARTIES
3.1 Developer.
3.1.1 Development of the. Property. Developer agrees that
development of the' Property shall conform in -all material respects to all the
terms; covenants, and requirements of this Development Agreement.
3.1.2 Conditions of Approval. In addition to the general
obligations described in this Agreement, Developer agrees to comply with
all'Conditions of. Project Approval adopted by the City and incorporated
into this Agreement by amendment at the time .all approvals are complete.
3.1.3 Assessment, District. Developer, agrees to join in the
formation of an _assessment district to acquire right-of-way for and
construct Sonoma Mountain Parkway and associated improvements as
described in Exhibit 2 to , this Agreement and the' Corona/Ely Specific Plan
and EIR. In return for Developer participation in the Assessment District,
City agrees to grant Developer residential allotments ;according- to the
termsl, and provisions set forth in Sectiori 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
Sonoina' Mo.untain 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
91
ORD. 179'0-NCS-
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subdivision of -land, nor to bonds .or ;as,sessme,nts ;for the purpose of
purchasing school sites or constructing school facilities.
3.1.5 School Facilities. Developer shall develop funding
mechanism(s) to ensure acquisition of sites and construction of additional
school facilities to meet 'the 'needs of the project to the satisfaction of
school districts and the City of Petaluma prior to Final Map approval.
3.1.6 Affordable Housing. Developer acknowledges its
obligation to comply with the City of Petaluma requirements regarding
affordable housing. For purposes of this Agreement, 'affordable housing
shall be as defined by the General Plan, and it .is the intent of the City
Council that the majority of affordable Housing within the Corona/Ely
Specific Plan area be owner occupied. In order to meet that obligation,
Developer agrees as follows:
1. (a) Developer owns andtor has a development
interest in the following parcels:
APN 137-0.60-19 G1enB.rook Property
APN 137-670-06, 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 GlenBrook property may be approved and recorded free of any :burden
to provide: or dedicate land for affordable housing, provided Developer
pays in-lie:d fees pursuant to City of Petaluma Resolution 8.4-1'99 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. Frontage
ORD.179ONCS
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improveriieri;ts .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 Glen Brook property.
2. Developer shall work with the City of Petaluma to
identify a nonprofit corporation, to •construct on the parcel a condominium
development of no less than fifty-two (52) units: for sale and/or for rent
as affordable housing. Developer shall have the option to deliver complete
units (.turnkey) to .the City or to a nonprofit corporation the City selects.
3.. Location of the parcel, and development of the
housing described above, shall give due consideration to the Corona/Ely
Specific Plan. Units_ constructed` under the paragraph not otherwise
exempt from 'procuring. allotments pursuant to the -Residential Growth
-,Management 'Ordinance,, shall count against. the, allotments assigned to the
Property_ pursuant to, paragraph 3.2.5 of this Agreement. Allotments used
for affordable housi ig shall count against the last- development• year shown
in paragraph 3.2..5, regardless of the year of. construction.
In consideration of the Developer's promises set
- out above, and conditioned upon, the satisfaction; of each of them., City
agrees as follows:
(a) Upon the transfer of the.,parcelto the City
of Petaluma.; and completion .(or guaranteed completion,) of frontage and
r .
utility improvements to, serve the parcel, Developer shall 6e deemed, to
have satisfied the requirements `of the `Ho:usng Element of the Petaluma
GeneralPlan regarding providing affordable housing.
(b) Upon the transfer of the parcel to the City
of Petaluma, and completion (or guaranteed completion) of frontage and
utility 'improvements to serve the parcel, Developer shall be deemed to
have satisfied any obligation it may have to pay in -lieu fees pursuant to
City of Petaluma Resolution 84-199 N.C.S. and any successor to that
Resolution.
(c) Construction of the affordable housing shall
be performed by the City of Petaluma or its designee, including developer,
if applicable.
3.2 City.
3.2.1 City's Good Faith In Processing. City and. Developer
acknowledge that additional' permits and approvals are required from the
City before construction of the . Project, including but not limited to,
approval of development plans, tentative and final maps, and design review
for individual phases of the Project, and issuance of all necessary
grading, land improvement, and building permits. City agrees to exercise
its discretion in connection with such permits and approvals in good faith
and in a manner consistent with the terms:, conditions and purposes of the
Established Development Standards and this Development; Agreement.
13.,2.'Z Benefit District. City., agrees to create a Benefit Fee
District: at'.the same time the Sonoma Mountain Parkway Assessment District
is created- which shall include all lands in the Corona/Ely Specific Plan
Area., except those participating in said assessment district. The Benefit
Fee shall be e'stablished' by the City Council according to -an Engineer's
assessment spread formula for the Sonoma Mountain Parkway Assessment
ORD.1'79®NCS
District and applied to the subject properties at the
time of development.
Proceeds
collected by
the City shall `be 'paid to the Sonoma Mountain
Parkway
Assessment
District participants, according
to the Participation
Schedule
set forth in
Exhibit 3, regardless whether
they are owners of the
property
at the time
of repayment. The Benefit Fee
district shall remain
in effect for the same length of time as the maturity of the assessment
district bonds or twenty years, whichever is greater.
3.2.3 Water Pressure Zone, IV.
(a) City agrees to develop Water Pressure Zone 4 to serve
those properties in the Corona/Ely Specific Plan Area east of Sonoma
Mountain Parkway. City further agrees to pay for the design ' and
construction of Water Pressure Zone 4, to begin construction at the earliest
possible date, and to have the system operable in 1990.
(b) Developer agrees to pay water connection fees in effect
city-wide at the time of development.
(c) City agrees to. permit development of properties affected by
limitations in water pressure until construction of Water Pressure Zone 4 is
completed, provided an interim water system. satisfactory to the City Fire
Marshal and City 'Engineer- is constructed for use during the -construction
period until Water Pressure -Zone 4 becomes operable.
3.2.4. Landscape and Lighting Maintenance Assessment
District.. Developer agrees to support -the formation of and ,to participate
in a lands,cape•: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
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portions of the Parkway initially constructed a"long the frontage of or
through. properties not participating in the Parkway Assessment District.
City -shall' create said district, at the same time as the assessment district
for Sonoma Mountain Parkway. City agrees, to require. all properties in the
Corona/Ely Specific Plan area: which develop after or are annexed after the
creation of the landscaping and lighting assessment district to annex to
said district as a-cotidition of development .approval.
3.2.5 Allotments . 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 1996 11
1993 71'.
Developer shall be exempt from the allotment forfeiture provisions as set
forth .in Chapter 17.2-6 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 year'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 for the same number of units
as allotments granted.
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3.2.6 Cooperation of City. City agrees to cooperate with
Developer in implementing all of the, con ditions of the Existing Approvals,
including, but not limited to, the potential exercise of its eminent domain
powers. In addition, City, shall cooperate with Developer if Developer is
required to obtain any other permits and approvals required from other
governmental or quasi -governmental agencies (such as public utilities or
utility districts)
3.3 Operating Memoranda.
(a) This Agreement requires close cooperation between City and
Developer. Refinements and further development of the Project may
require flexibility regarding details of the Project which are not -mentioned
or mentioned only generally in this Agreement. If the parties find
changes or `adjustments necessary or appropriate, they shall enter, by
mutual agreement, operating memorandum, which, after execution, shall be
atta'che'd to this Development Agreement and become a part of it. An
operating memorandum sha11 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 manner 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 to amend this Agreement upon
approval of the Project by the City in order to ;incorporate all conditions
of approval herein.
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ORD.179 0UN C S
Article 4.
SPECIAL RULES REGARDING' ALLOTMENT'S 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 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 bem 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.
wm').179®NCS
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funds, whether or not the person or entity owns the property at the time
the credit accrues.
Article 6
DEFAULT, REMEDIES, TERMINATION
6.1 General Provisions.
Subject to extensions of time by mutual consent in writing, or as
otherwise provided in this agreement, failure or delay by either party to
take reasonable steps in good faith to perform any term or provision of
this Development Agreement for a period of 30 days after written notice
thereof from the other party constitutes a default. Such notice shall
specify the nature of the alleged default and the manner in which said
default may be satisfactorily cured. Subject to extensions of time by
mutual consent in writing, if a party defaults under this Development
Agreement or any of its terms or conditions, the party alleging such
default or breach shall, after the expiration of the 30-day period without
cure, at its option initiate legal proceedings and/or give notice of intent to
terminate the Development Agreement per Government Code Section 65868.
Following such notice of intent to terminate, the matter shall be scheduled
for consideration 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 Development Agreement,
failure or delay , by either party in asserting any of its rights or remedies
as to any default shall not waive any default or any rights or remedies or
deprive either such party of its right to institute and maintain any actions
RD. 7 90N CS
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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 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 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, reasonable
time for Developer to
meet the. terms of
compliance, which time shall be not less than. thirty (30) days, and shall
be reasonably related to the time necessary to bring .Developer's
performance into: good faith compliance with the terms of this- Agreement.
If the areas of noncompliance specified by the Planning Director are not
perfected with the reasonable time limits prescribed. by the Planning
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Director; or if Developer contests the Planning Director's determination,
the matter shall be referred to the City Council.
6.2.3. Referral to City Council. If. the matter is referred to
the City Council, the City Council shall schedule a hearing on the referral
not earlier than thirty (30) days after the matter is referred to it. At the
hearing,, Developer' shall be entitled to . submit evidence and address all the
issues raised in the notice; of noncompliance. The Developer's evidence
may be in writing or may be taken orally at the hearing before the City
Council,or both. If, after receipt of any written response of Developer,
and. .after considering all of, the
evidence at 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
(15Y days, written notice to Developer,, declare a, default pursuant to
paragraph 6.1 ,above.- A notice of- determination of noncompliance. to
Developer shall specify 'in detail the grounds and all facts demonstrating
noncompliance so that Developer may address the issues raised in the
notice of nooncompliance on a point -by -point basis on any referral to the
City Council.
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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 RIG,14TS 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
®RD.479®NCS-
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Agreement is recorded, including the lien of any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach of this Agreement
shall
defeat,
render invalid, diminish,
or
impair
the lien of
any Mortgage
made
in good.
faith and for value, but
all
of the
terms and
conditions
contained in this Agreement shall bind any person or entity, including any
deed of trust beneficiary or mortgagee ("Mortgagee") , who acquired title
to the Property or any portion of it by foreclosure, trustee's sale, deed in
lieu.of foreclosure, or otherwise.
7.2 Mortgagee Not Obligated.
Notwithstanding the provisions of. Section 9.1 above, no Mortgagee
shall have any obligation or duty under this Agreement to construct or
complete the construction of improvements or to guarantee construction or
completion. However, Mortgagee shall not be entitled to devote the Property
to. any uses or 'to construct any improvements on it other than those uses
or improvements provided for or authorized by this Agreement.
7.3 Notice of Default to Mortgagee.
If City receives notice from a Mortgagee requesting a copy of
any ..notice of default given Developer under this Agreement specifying the
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 or 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.
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Article 8'
TI�ANSFERS AND, .ASSIONMENTS
81` .;Right to Ass'g.n.
Developer shall- have the right to sell, assign or transfer this
Agreement and all of its `Tights, duties, and obligations under it to any
person or. entity at ariy time., However, in, no event shall the rights,
duties• and obligations conferred upon Developer pursuant to this Agreement
be at anytime trap ferre'd 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 assignmen�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. effective date of such transfer. (i) if 'Developer is not 'then in
default under thisAgreement, (ii) Developer., has 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 (B ). the transfereeexpressly. and unconditionally assumes all
of the obligations of; -Developer, under this Agreement pertaining to. the
Property or the 'portion transferred. Failure ,to deliver a written
assumption agreement shall not' affect any covenants in this Agreement
which. run :with the -land; as provided "iri,.Section 8.3 below, 'nor shall such
failure negate, modify; or otherwise affect .the liability of any 'transferee
under this Agreemert..
8.3 Covenants ' R,un With The Land.
All of` -the ,provisions, agreements, rights, powers, standards,
terms, covenants, and -obligations contained iri ;this Agreement, shall bind
-21-
the parties and their respective heirs, successors (by merger, consolida-
tion, --or otherwise) and assigns, ,devisees,, administrators, representatives,
lessees,, _. and
any
othe'r' person or entity .acquiring the Property,
or any
portion of it,
or
any inter'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'sofs (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 ( O' binds each party and each successive owner
during its ownership' of the properties or 'any portion of them, and each.
person or entity having any 'interest derived in any manner through any
owner of the properties, or any portion of them, and (iv) shall benefit
each party and its property -under this Agreement, any successor.
Article 9
GENERAL PROVISIONS
9.1 Project is a Private Undertaking.
The development contemplated by this Development Agreement is
a private development. The City has no interest in the Project and no
responsibility, `for or`.duty to third persons concerning any improvements- to.
the Property. 1. Developer shall have full power over and exclusive control
of the Property subject only to the limitations and obligations of the
Developer under this Development Agreement.
Developer agrees to hold
-22-
OR,D-1790N CS'
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 'Agreemeni or, arising from the negligence or willful
misconduct of the City.
9.2 Notices, Demands and Communications Between the Parties.
Written notices', demands, correspondence and communications
between the City and the Developer shall be sufficiently given if deposited
in the United
States mail,
postage prepaid, return
receipt
requested,
to
the offices of
the City and
the Developer below.
A party
may change
its
address for notices by giving notice in writing to the other party.
City:' City Manager
City of Petaluma
11 English Street
Petaluma, California 94952
Developer: McBail Company
Post Office Box 105„6
Alamo, California 94507-1914
9.3 No Joint Venture or Partnership.
Nothing 7containe_d in this Development Agreement or in any
document executed in connection with this Development Agreement shall be
construed as making City and Developer joint venturers or partners.
9.4 Severability.
If -any. term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remainder of the
provisions
shall continue
in full
force and effect unless the rights and
obligations
of the parties
have been
materially altered. or abridged by such invalidation, voiding or
-23-
d
k
unenforceability,
provided,
that the
pariiess 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.
This Agreement is executed in four (4). duplicate originals, each
of whic. is deemed to be' an original. This Agreement consists of
forty-four. (44) pages, including -the ' recitals and exhibits, which constitute
the entire understanding, and agreement of the parties.
Exhibit "I"' Description ofProperty;
Exhibit 112" Sonoma M,oun:taini Parkway 'Description;
Exhibit 9" Participation Schedule;
Exhibit "4" Schedule of Development Pees.
Upon completion of performance by the parties or revocation of
this Agreement,' a written statement acknowledging completion or revocation
signed by the appropriate agents of the City and. Developer shall be
recorded in the Official Records of Sonoma County, California.
9.6 Estoppel; Certificate.
Either party may, at any `time, deliver written notice to other
party requesting the party to certify in writing that (i) this Agreement is
in full force and effect and- a binding, obligation of the parties, (ii) this
Agreement has not been'amended`or modified either orally or in writing,
and if so amended, identifying the amendments, and'(iii) the requesting
party is not in default in the performance of its obligations under this
Agreement, or if. in default, describing the nature and amount of any
defaults. A party receiving a request- shall 'execute. and- return the
certificate
or give a
written detailed
response explaining why it
will not do
so within
thirty (30)
days following
the receipt of the request.
The
-24-
Planning Director of
City shall have
the authority to execute
any
certificate requested
by Developer:
City acknowledges that
a certificate
may be relied upon by transferees and Mortgagees.
9.7. Construction.
This Agreement and its' Exhibits shall be construed' as a whole
according to their common meaning and not strictly for or against any
party.
9.8 Conditions.
The terms and obligations of this Development Agreement shall
become effective when; and only when, all of the following conditions have
been satisfied:
(1). This Development Agreement has been approved by
resolution or ordinance 'of the City of Petaluma.
(2) The property has been annexed' to the City of Petaluma.
(3) The City of Petaluma has adopted the financing mechanisms
recommended in the Financing Plan and has actually obtained the funding
necessary under such mechanisms to construct, th'e -public improvements
described in Exhibit 2..
9.9 Conflict of ,Tnierest.
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
-D.. 17 9 U-
-25-
agent of either Developer or its general partner shall be personally liable
to the City in the event of any �defai It or breach by the Developer or for
any amount which may become due to the City or" successor on any
obligation under the terms of this Agreement.
9.11 Hold Harmless and Indemnification.
Developer hereby agrees to defend, indemnify, save and hold
harmless the City and its elected and appointed representatives, officers,
agents, employees, harmless from claims, costs; and liabilities for any
personal injury-, death, or property damages which arises, directly or
indirectly, from the operations performed under this agreement by
Developer or Developer's contractors, subcontractors, agents, or
employees, whether such operations are performed ,by Developer or by any
of Developer's contractors, subcontractors, by any' one or more persons
directly or indirectly employed by, or acting as agents for Developer or
any of Developer's contractors or subcontractors. Developer shall defend
City and its- elected and appointed representatives, officers, agents and
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
ORD.�`�����
-26-
brought against the:. City which; chal_legge's any -portion of the development
agreement.
Executed the day and year first written above.
Approu as to Form,•. CITY OF PETALUMA--
_ A Municip-orporation
By.. -��� _ �,�, By,R,
City Attorney ayor `
D E V EL-'O:PE R
M'cBAIL COMPANY.
By
Cy ',irk Its f'r a7.-e c r ! f' •y��,� �'.
Approved r '/
Richard ray '
E Gtfic e� l'Audi'�
development agrmt 2
PLA,N2
3/15/9,9
-27-
I' OACER•
♦+P N.
r
Ss�wt
AOtlreu
city &
State
aEc:oG�hG, A@�UES'EC ®•r _
Founders Title Compan
207-499CR
137-070-10
"EN •tCOAOto t,p
MC BAIL, COMPANY,
3200 Danville' Blvd. #200
Alamo, CA 94507
98 1 10246
in
S OE'' 23 8 Or
%u7
sahoM,;�
V
SPACE, p9'OvE THIS LINE opq. R£CoROEA'S USE
Grant IDleed
Tee undersigned grantor(s) declare(a): 86NQP:°A C01INTY
bocumentary transfer tax tag ...69`i., QO;.,. DOCi MENTAAY TRANSFER TAX
( X) computed on full value of property Conveyed, or I
i computed on full value less value of liens and encumbrances remaining at time of sale.
X t:nineorpomted area: c l city of...:; ...........................
...................
Realty not sold. ........°.....,
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Richard Gray and Faith E. Gray, his wife, as Community Property
hereby GRANT (S) to
McBail Company, a Califbrnia General Partnership
that property in
as:
Sonoma
County, State of California, described
BEING in the Petaluma. Rancho, an more particularly described as follows;:
COMMBNCING.at an iron pin on the Northeast side of a road from which the
most Westerly corner of Lot 216 of the Petaluma Rancho is North 540 17'
West, 651.3 feet distant; thence along,the Northeast side of said. road,
South 540. 17' East, 780.7 feet to,an iron pin; thence leaving said road,
North 350 28' East, 670.0 fast town iron pin; thence North 540 20' West,
780.7 feet to an iron pin; thence'South 350 2'8' West, 669.2 feet to the
Point of beginning,
A. P. No. 137-070-10
- Gi-aiitee at;
gu6l e s flDovE
Mar! tax atatemer,te to-. `--- --
Date DecelLher 21. 1288 _
iATE Or CALIWKNI.A Richard Gray
COUNTY OFF 55. �tn-44uray
on December 21 1986 � ._before me, the andersi�gtsd, a Notary Public in and• for said' State, pereonully a appeerd.
personATly known to m(or proved of � sne on the basis
e
satislacliry evidence) to be the person s whose name
subscribed to the within instrument and me )edged that
they _ executed the mama. Witness my h and tficial "al,
1.mr - T%p#,d or Punted
' t�flCtAl 81 Ott
CAROL RYA14
•���� +� �'/IM ror n s.aor, c,; 4pni 1, I99�
_ __ _ _err _ /
r�.KceL THREE: 88 1 10249
PORTION OF Lot 296, according to Rose's Hap of, Pthe 1CountynReo
as said Map appear& of record in the office
icularly described as follows:
corder of Sonoma County and part
in the center of the Bethel School Souse
6EI.NNING as a Pointthel
Road leading from Petaluma and Santa Rosa ro art Bdescribedoin
Rouse at the most North�erl�c�cBneCBakerthe
et al, dated July 1S►
the deed, Louise M. Lo g o
1922; thence i..n a Northeasterly .34 direction
to an along
the
pincenter
pipeE
the Bethel School House Road
thence South S�' a0 1 East
621.3
6 feetetotan iron
pin, ostakep in
thence South 35 281
Weatll
the most Soaut.h,easteely :o18,e West 621.3afeet to therpointf nr of 'the lands of Bake, etaOf
thence running North 54
beg i nn ing .
'that described in the Decree of Distri
BEING the same property as -
bution in the &.state of Dennis W. Long, deceased, Superior Court,
Sonoma County, No. 11565, and re
c'orded in Volume 352 of Official
Records, Page 61 on November 17, 1933.
A.P. No. 137-070-00
PARCEL FOUR:
BEING portions of Lots 296 and 297 of the Petaluma Rancho, and
more particularly described as follows.
7 of
CQMMENCING at a ppoint on the
to . seeltyr cornereoff that ceLot rtain
tain
the- Petaluma Ra-riJo, at
the 40 acre tract of land described in the deed from Dennis N. Long
and Louise K. Long to James V., Long, dated June 12, 1915 and
andLouise
recorded June 1/, 1915 in Liber 333 of Deeds, Page 114, Sonoma
County Recordst thence Southwesterly along the Southeasterly
8.0 fee,t to the most Southerly
boundary of said 4O sere tract, 668. Northwesterly and along
corner the°reof l thence at right angles,
S4 f e:t to
the Southa�esteely boun^arys id gSouthwesterlYr boundaey,� North 350
a pointf thence leavi g point on the North
470 East, 669.7 feet, More of 1e3, to a
easterly side of Loa 296 of east rl t lumli ea Ranchof Lots3 296eand 297tof
easterly along the said No.Y oint of
said Petaluma Rancho, 1289.54 54 f 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 wide. adjoining Nonrith 546
Southwesterly side of the above tract, and running
® 26 West, to the County Roadollowsa hich iright of w&Y is more
&ISO# and as appurtenant to
particularly described as ffof all
said 20.06 acre tract, the perpetual right of used,
purposes for which all country rights of way are generally
over the land 18 feet wide, beginning with the Southwesterly
� corner of the property herein liner of the described,
landsaof Jamesnd nY. tLonge
® along the Southwesterly side equal width o! 16 Beet to the
in a Northwesterly direction, an e9
County Road, running from the Petaluma and Santa ROSS Toad to the
ft-i-h nt school Souse.
EXHIBIT A
11110249
DESCRIPTION:
A11 that certain real property situated in the County of SOnOmaf
State of California, described as follows:
PARCEL ONE:
COMMENCING at a point in the center of the 60 foot wide county
Road, running frog. Bethel School HOuse to Petaluma# at a point
Northeasterly` 10 chains, 13 1/3 links distant from the North-
easte.rl.y side of the 80 foot road, connecting : he cities of
Petaluma and Santa Rasa; running thence South 54 331 East, 39
chains and 49 links; thence North 350 27'' East, 10 chains 13 1/3
links to the Southeasterly corner of the tract partitioned and
conveyed to James V. Long; thence North 540 33' West, 39 chains
and 49 links along the Southwesterly side line of the land
of James V. Long to the center of the said 60 foot wide county
Road; thence South 350 27' West, 10 chains 13 1/3 links to the
point of beginning.
THE LAND herein described, being portions of Lots 296 and 297, as
the same are laid down and designated upon the map of the Pet-
aluma Rancho, made.by Rowe Bros., a:nd being the centrally 1/3 of
the land set out and described in that certain deed dated April
14, 1999, executed by Mary Long, patty of the first part therein
to Dennis W. Long, et al, party o.f the seond part therein, and
thereafter recorded in the office o.f the County Recorder of
Sonoma County, in Libor 304 of Deeds, Page 219, Sonoma County
Records, which said deed is hereby referred to and made a part
hereof.
A.P. No. 137-070-07
PARCEL TWO1
BEGINNING at an iron pipe on the Northeasterly side line of
the Adobe Road, running to Ely Station, at a point thereon, 1432
feet, South 549 170 East from the centerline of the Bethel School
souse Road, which said point is alos the Southeasterly corner of
the lands of Edward J. Longt running thence North 350 28' East,
670 feet, along the Southeasterly aid* netOf hence esaid South land
a d20f
n
Edward J. Long, to an iron pipet 9
East, 1164.3 feet to the lands of Lawler; running thence South
35� 28� west, 602 feet
said
point of beginning.
running
thence North
54 17 West, 1180 feet to the
A.P. No. 137-070-11
Continued
EXHIBIT 2,
CORONA-ELY SPECIFIC PLAN
ASSESSMENT DISTRICT
PRELIMINARY SPREAD NO. 5
The major public improvements that are anticipated to _be constructed by the
Assessment District.within the Specific Plan Area are listed below. There may
be other improvements. included in the Assessment. District required by the City
of Petaluma which are not included in this preliminary description of work
A. EIy Boulevard and 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 cf
Washington Street to North McDowell BOUlevard. Ely Road in the county
is presently a straight two-lane country road from Corona Road to the
present city limits. Ely Boulevard within the city is presently improved
along its westerly half from the present city limits at Morning Star
Subdivision to within 70,0 feet of 'Washington Street where .full
improvements exist.
Ely Boulevard is proposed to be renamed Sonoma Mt. Parkway and is
shown having two travel lanes with, Class Ilb Bike Lanes and a
landscaped median in the Cor6rfa-Ely Specific, Plan. Landscaping with
backon treatment "is� 'anticipated to be required of developers along
Sonoma Mt. Parkway as part of the subdivision improvemants. The typical
section to be constructed by the Assessment District is 52 feet wide from
curb. -to curb with a landscaped median in the present right of way or 64
feet'+ of right of way'from the Bollinger property to -Corona Road.
Ely. Boulevard, is .anticipated to be constructed as a two lane collector from
Sonoma mt. Parkway ,to, Corona Road with curb, gutter, drainage, water
main, and, sanitary sewers in the existing 80 foot right-of-way. -Walls,
fences, landscaping, lighting, sidewalks and paths, underground utilities
or. Corona Creek improvements from -Ely Boulevard to North McDowell
Boulevard would not be a part of the Assessment District but constructed
with development.
OWDI 17 90 N CS
Page 1 of 2
EXHIBIT '2
B. Sewer Trunks
A new trunk sewer pipe is necesary to serve the northerly protian of the
Spe�ific'Plan area to be constructed from the railroad 'tracks at Corona
Road in Corona* Road ''to Sonoma Mt. Parkway and in Sonoma Mt.
Parkway to the,.futura junior college site.
The isouth,erly portlon� of the. Specific Plan area above Ely Road from the
property south of the :of
college slue to Lynch Creek would be served
by a new trunk sewer°<extended northerly and southerly in Ely Boulevard
from the presently.stubbed, 12 inch sewer at. Rainier Avenue.
C. Water Mains
A 12 inch main exis s-.in Ely Boulevard from Was Street to Capri
Creek .at the northerly city limits. ' A new water main - would have to be
constructed from .the- present city limits to the Sonoma County Water
Agency aquaduct at -the, Northwestern Pacific Railrbadr tracks at Corona
Road, in Sonoma ML Parkway, anda new water main constructed in Fy
Road from Sonoma.Mt. Parkway to Corona Road.
Pressure Zone IV ,work is not a part of this Assessment District but is
necessary to serve the. east side of Petaluma northeast of Ely Road above
the 60-.foot elevatfon.
D. Creeks an'd Drainage
Construct parallel and -lateral drainage systems within the public, street
right-of-way including the- Lynch -Creek, Capri Creek, and Corona Creek
cross culverts o'n'Ely. "Road and Sonoma Mt. Parkway-. Make temporary
open ditch improvements to Corona Creek. from Ely Road to McDowell
Boulevard or: -an alternative pipe system., f;t is assumed that all, other
drainage work outside the constructed, EIy".Road and Sonoma Mt. Parkway
right-of-ways ,required as -part of the Corona -.Ely Specific. Pan, will be4-done
by' develo
, pers.
ORD. 17 9,0 N C �
�e: -2 of 2
EXHIBIT 3
P a r t i c.i p a t i.o n S'ch,e.d u.l.e
Sonoma Parkway Company 36$
McBail. Company- 30%
Cherry Lane Associates 11%
Quaker Hill Development Corporation/ 16%
Ross Blackburn
B-T Land Development, Inc. 7%
TOTAL 100%
i
SPECIAL DEVELOPMENT FEES
Prepared By
City of Petaluma
Community Planning & Development Dept,
february. 7, 1990
F-11,
O.R -1179ONCS
,D.
SPECIAL DEVEL-ORMENT FEES
This booklet 'is a collection of general descrip"tions of special development
fees imposed on new' construction in thet 'City of Petaluma. It is intended to
serve as .a general guideline describing. when- a fee. applies, how it is
calculated, and when it -is ` collected. Each' description also includes a
reference,, to applicable ordinances, resolutions; and Municipal Code Sections
where more detailed information can be obtained: This does not include the
many general development fees collected as part of the building and
planning permit process (i,.e.. -,subdivision application, building permits) .
Included are descriptions. of the following fees:
Sewer Connection
Water Connection
Community Facilities Development
Storm Drainage Impact
Dwelling Construction
Park and Recreation Land. Improvements
School, Facilities
In -Lieu for Provision, of Low Income Housing
Applicants should be aware that all fees are subject to change by Council
action. Current fees should. .be -,confirmed.
For further information contact the Community Development and Planning
Department, 11 English'Streeti Petaluma, CA. 9495.2, phone 707/778-4301.
111MEMM'
1
SEWER CO.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 established 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 Dwelling $1,000.00). Non-residential (excluding industrial)
users pay a- fee based" upon the number of fixtures ..installed, $2,550.00
minimum. Industrial users fee is determined. by individual application.
TIME OF PAYMENT:
Sewer connection feesare, paid prior to issuance of a plumbing permit which
is required prior to .connecting the sewer.
Municipal Code 15.44 - 15.77
Ordinance 91543
Resolution #114
April 27, 1.987
2
WATER CONNE"CTION FEES
APPLICABILITY:
Any new connection info 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 acid ' installs, the service and
the meter box. A'' $325'.,00 credit may be ,applied ,when water mains and
services are constructed ' and financed by. the developer (15.08.040) .
CALCULATION OF FEE:
Water connection fees are established by resolution of the City Council.
Currently; the average single family home in a subdivision which installs
water mains. and services will pay $1, 290.00 minus $325.00 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 Buildin;g, Department.
Municipal Code 15.08
Ordinance #1252
Resolution #9214 & #88-93
25 April, 1988
3
COMMUNITY FACILITIES DEVEL'O'PMEENT FEES
PURPOSE:
The purpose *of the Community Facilities 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.
!� A T t' T T T A TTl1 TAT r1 Tom. ,r L7 L`
Residential developments are charged '$1.,315.00 per dwelling unit. The fee
or non-residentiat.development is $18,416.00 per acre for new development,
$1.3 per square foot -for bui-lidng 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
Rir '
11 4
-STORM DR-AI;NAQE IMPACT FEES
PURPOSE:
In September 1982., the Petaluma City Council 'established Storm Drainage
Impact Fees as a means, of mitigating storm drainage impacts occurring as a
result of development The criteria . established provides for either the
payment- of fees or the cons_ truction 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 store ' drainage improvements.
APPLICABILITY:
This ordinance, applie`s to a11 ll commercial, industrial, and residential
projects.
OPTIONS FOR COMPLIAN.C.E:
Residential projects which create an increase in. normal runoff exceeding
two -acre feet may, as determined by the City Engineer, either provide on
or off -site detention. equal to the calculated increase; or pay fees.
Residential projects which create an increase' in normal runoff of two -acre
feet or less are required to pay fees.
Commercial and ,industrial projects -have the option of either ,paying fees or
providing, on or off. -site detention areas equal to. the calculated increase in
runoff:
CALCULATION OF THE FEE:
Runoff Computation: ,
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, slopea of. the land, and percent
of vegetation coverage.
Commercial/Industrial projects pay a fee of �'. $.30. 000 per acre foot of
additiona,runoff... The. amount of incremental runoff created is directly
linked `fo. the amount of landscaping provided. The maximum fee possible is
$�9,000, per acre of:.land., Thin 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 ai 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 single family subdivision. would pay approximately $1, 500
per acre_,
QRD.1.7 9 ® V V
TIME OF PAYMENT:
Flood mitigation fees for commercial -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.
Municipal Code 17.36
Ordinance #1530,.1547
Resolution #9564, 9565 , 9751
June 2, 1986
ORD.179ONCS
[:
DWELLING CONST'RUCT.ION FEE
PURPOSE: ,
Often referred to as the "bedroom tax," this fee provides funds for
expansion of park and recrea-,tional facilities,
APPLICABILITY:
Every, dwelling unit constructed. in the city, except_ where a subdivision of
real property, is involved (see .Park and Recreation Land Improvements
Fee) , is required to pay `a• dwelling construction fee. Projects which exceed
four units on a single parcel of land 'are subject to Park and Recreation
Land Improvement Fees instead.
AMOUNT OF F.EE:
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 $1.20.H. 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, .pad 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
7
PARK AND. RECREATION LAND IMPROVEMENTS FEE
PURPOSE:
The purpose of the Park and Recreation Land Improvements Fee is to
provide funds for the acquisition, development, and improvement of
neighborhood and community park and recreation facilities.
APPLICABILITY:
Any residential project which involves the subdivision of land and any.
project which exceeds four dwelling units on a 'single. parcel of, land.
CALCULATION OF FEE:
The amount of fee is based upon the, density of the project, and on the fair
market value of parkland and 'the cost'of improvements as established
annually by City - Council Resolution. The following table is used for
calculating park land acres per .dwelling unit:
Dwelling Units Per 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 $160,350 per acre.
A typical
single. family
project with a
density' of up to 6.5 units per acre -
will pay
$2,692.66, 'per
unit. Projects
with a density of 6..6 to 10.5 units
per acre
pay, $1,608.82
per unit, and
those with density of .10.6 to 25.5
units per
acre '.pay $1,524.15
per unit.
Projects which exceed four units on
a single parcel of land
use IA persons per unit. as a basis for calculating
fees.
OPTIONS FOR COMPLIANCE:
This ordinance also provides for crediting projects that dedicate and
improve designated public park sites.
TIME' OF .PAYMENT:
Pa-rk 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 #13.52
May 15, 1989
Vv
8
SCHOOL ;FACILIT'IES FEE
PURPOSE:..
The purpose of the "School Facilities Fee./Dedication Ordinance" is to
provide a method for providing sites and/or financing interim school
.facilities necessitated by new residential developments causing conditions of
overcrowding.
A PPT.TC' A R TT.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.,*
TIME- OF PAYMENT:
School facilities fee is
paid prior to issuance
of a building permit.
* Fees are paid directly to the School District Office of the District in
which- the < project is located. A Certificate of Compliance form is
available at the *City Building Deparment.,
MunicipalCode 17.28
Ordinance 41377, '15.12
Resolutions #84-165, 85-183, 85-184, 87-7, 87-25
Revised December 5, 1988
W
IN•=LIEU FEES FOR., PROVISION OF- VERY LOW,
LOW AND MODERATE` INCOME HOUSING
PURPOSE
The purpose of the In -Lieu Fee is to provide an option for developers to
comply with Program 12 010 of the Housing Chapter of the 1987-2005
Petaluma General Plan which ' states :
"P-rogram (12) Developers of planned residential developments of 5 or
more units shall .provide. 10-15 0 of their 'units as' ,'affordable in one of
the..following ways:.:'.
(iii) An in -lieu fee; related to the cost of providing affordable
housing,, shall be offered to the City."
The City will use the fees collected for various programs to assist in the
provision of low and very low income housing opportunities in Petaluma.
APPLICABILITY
This policy applies to residential developments with 5 units or more.
CALCULATION OF FEE,
Fees are calculated based upon a schedule adopted by resolution of the City
Council (Resolution 84-199). Fees are based upon the actual sales price of
lot and home, or in the case of custom home lots, the estimated value of lot
and home.
OPTIONS FOR COMPLIANCE
Payment of in -lieu fees is one of several options available for meeting the
requirements for., low income housing Other options include but are not
limited. to provision of 8-15% of the units: for rental or sale at prices
affordable to very low; low and moderate' income households, or dedication
of -land to the City to be used as a site for affordable housing.
TIME OF PAYMENT
In -lieu fees are collected on behalf of the: City -_of Petaluma. at the time the
escrow is. -closed on the sale of each lot or residential unit. A recorded
agreement. establishes terms of payment.
3a1y-22;-}9.85.
May 23, 1988
ORD. 17 90 N CS'
10
IN-LIE'U H'GUSI-N-G FEE -CHART
Sales Price
Lot:,anl
House Fee
Under $75 ,
000
0
$ 75,000 =
$79,999
$ 150
per
unit
$ 80,000 =
$84,999
240
per
unit
$ 85,,0,W -
$-89-,999.
425
.per
unit
$ 90,U0 -
$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
$110,000 -
$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.
special.�development.. fees/pd9
. 11
_~ =
� Li:�~100,961
6619-)0
