HomeMy WebLinkAboutOrdinance 1778 N.C.S. 11/06/1989~~EGT1~~'::.~ ~$T
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.. ncft 61989
ORDINANCE NO. 17x7'8 N.C.S.
Introduced by:
Larry Tencer
Seconded by:
Vice Mayor Woolsey
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENTS
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PETALUMA AND DUFFEL FINANCIAL AND CONSTRUCTION
CO. FOR THE ADOBE CREEK GOLF AND COUNTRY CLUB PROPERTY
(FORMERLY KNOWN AS MUIRWOOD GOLF AND COUNTRY CLUB)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS
Section 1. The City Council hereby finds that the provisions of the
amended Development Agreement between the City of Petaluma and Duffel
Financial and Construction Co., a copy of which amended Agreement is
attached hereto as Exhibit 1 and incorporated herein by reference, is
consistent with the General Plan and other applicable plans, policies and
regulations of the City of Petaluma.
Section 2. The City Council hereby approves the terms and conditions of
said amended Development Agreement.
Section 3. The Mayor or City Manager of the City of Petaluma is hereby
authorized and directed to sign said amended Development Agreement on
behalf of the City of Petaluma.
Ord. 1778 NCS
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 16th day of October, 1989.
ADOPTED the 6th day of November, 1989, by the following vote.
AYES: Sobel, Balshaw, Cavanagh., Davis, Tencer, Vice Mayor Woolsey,
Mayor Hilligoss
NOE5: 0
ABSENT: 0
ATTEST:
Cit Clerk
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adobe creek 2
LAW1
Ord. 1778 NCS
Approved as to form:
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Y RECORnED AT' THE `REQUEST, OF' -AND
WHENRECORDED PLEASE RETURN` TO':
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FIRST ;AMENDMENT TO DEVELOPMEN;T'AGREEMENT
BY; AND ~ BETWEEN CITY OF:`~ PETALUMA
AND DUFFEL FINANCIAL & CONSTRUCTION CO.
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`FIRST AMENDMENT.TO.DEVELOPMENT AGREEMENT
.~BY AND BETWEEN THE
CITY OF'PETALUMA AND
DUFFEL FINANCIAL &:CONSTRUCTION CO.
'THIS AGREEMENT (the "First Amendment"), is made and
entered into this ~"n'~day~ of 17ec.e:.m:be.c-- , 1989, by and
between the~CITY OF PETALUMA, a municipal corporation (thee
"City") and DUFFEL FINANCIAL & CONSTRUCTION CO „ a California
corporation ("Duf`fel").
R E C I T A L S'
A. In accordance with the provisions of California
Government Code Section.658.64, et seq~.,~a;nd:-Ord~nancs No.
1072N.C;S:°, Article 19.3,. adopted by the City, the City and
Duffel entered into that certain Development Agreement by and
between the City of. Petaluma and Duffel Financial & Construction
Co. for Murwood Golf° & Country Club Property dated December 7,
1987 (the "Development Agreement").
B. The Development Agreement was recorded in the
Official Records of Sonoma. County, Calif'orna; on January 22,
1988, Reeorder~'s Series-.No. 8.8005149 and runs with, affects and
burdens that c_ertan.real .p;roperty located within the City of
Petaluma, County of S.onoma,, State of California more particularly
described. in Exhibit "A" to the Development. Agreement, a copy of
which property descript'on,s attached hereto as Exhibit "A-1".
C. Pursuant to Resolution No. 87-1.15, the City
approved the PCD Planned Community District Program for the
project and imposed certain conditions and. restrictions. A copy
of said resolution is attached"to the Development Agreement as
Exhibit "C". Subsequent to the enactment of the Development
Agreement-- the. City has approved a Tentative ,Map for Unit No. 1
of the P.-roject by the adoption of~R'esoluton No. 88-392 and has
approved the Planned Unit Develop~rient Plan for Priase No. 1 of the
.Project blT tYie ad.~ptidn of ,ResclLtion ~ Nc. 83-391. Thz f:irai
subdivision map for Unit No. 1 of the Project has been approved
by the C-ity and filed.
D. Simultaneously with the adoption of this First
Amendment., the City by separate resolutions, approving the
Tentative Map and. the Planned Unit 'Development Plan'-for Unit No.
2 of the Project. The parties hereto wish to reflect and
document certain. changes in the concept and scope of the Project
and amendments to the .conditions of approval by the enactment and
recordation of this First 'Amendment:.
NOW, THER,EFORE', it is agreed by the parties hereto as
follows•
_. 1. Chancre in Name. of Project.: The parties :hereto
acknowledge and ag,ree~that the. name of the. Project has changed
from Muirwood Go ;f &'Country Club Project to Adobe Creek Golf &
Country Club Pro:j`ect. .Any reference in the;~De~elopment' Agreement
to "Muirwood ;Golf & Country Club" shall be deleted and is hereby
replaced with the name."Adobe Creek Golf "& Country Club".
2. Substitution of Exhibits: Exhibits "B", "C", and
"D" to the `Development Agreement shall,b;e and the same are hereby.
deemed deleted and, in their place, Exhibits "~B-1", "C-1" and "D-
1", copies of which are attached' heret~o,~shall be deemed to be
inserted in their place, respectively. Said;. exhibits, together
with Exhibit "A-1", are expressly deemed to be incorporated into
the Development Agreement, as-amended, by this reference as
though. set out in full her-en.
3. Notice of Intention to 'Amend:: A Notice of
Intention to'Amend~ the Development Agreement, has been given
pursuant to Paragraph ':8 of the Development Agreement in the
manner prodded by California Government Code Section 65867.
4. Recordation: Not less. than teen (10) days after
execution, of this First Amendment, the Glerk o~f the City shall
record~wth the Sonoma County Recorder a copy of this First
Amendment, including Exhibits "A-1", :'B-.1", "C.=1" and "D-1",
attached hereto and included herein by reference.
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5. In all other respects, theeternis, conditions,
provisions., obligations.,, rights and duties 'of,the Development
Agreement, as. `herein modified, shall: be ratified and affirmed and
deemed to be in full.•force and effect.
By : S
Plannrng Director
Duf°fel: DUFFEL. ,FINANCIAL &
CONSTRUCTION CO.., a California
corporation
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JOSEI~H A.l.. DUF ;EL, sident
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' e ~ r sident
jp~sroved as : to- -~ormz ~ `~} .
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C~c •y Attorne i ~ ,
Att ~~
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.City Clerk
Du~ e1~ ~'L,~.
STATE. OF CALIFORNIA
COUNTY OF :.C.ONTRA .COSTA, •ss.
OFFICIAL SEAL.
''~`""" MARVY'L COUTURE
m ~ NOTARY PUBLIC -CALIFORNIA
s,, ~•NTRA C05PA COIA'ITY
4~ ~ My comm. expires JrA(d; _25, 1993
On.this ....3:Oth ...... , . day:of...November .......... . ..... . . in the year
1 9 8 9 ......... ...........................,.,before me.
Marvyl Couture .. , , a Notary Public; State of California,
.. .....
duly licensed and sworn, personally appeared ; :.......... ........
.....
.Joseph. A, ..Duffel.. and. Charles..A. Mc-Kee
personally known to me (or proved tome on the `basis of'sati factory evidence i
to be the person who executed the within instrument as . P~~.~;aa~~~s $$~nt
or on behalf of the corporation therein .named and acknowledged to me that
such.corporation executed'the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I 'have hereunto set my hand and affixed
my official seal in the C i ty.-. O f . L a'f dye tt~unty of ........... .
Tftis ooaiment is onya generabform;which maybe prooer.for use msimpki COntra COSta , ......._ . ,.on the dat set forth above in this certificate.
~transactans ano in no wayacts, or ~s-menogo to~act asasubsmute forMe •. , ,
a0vioe of an attorney: The primer Goes rmt make any warranty archer expiessor implieo ss to the .~-
kgalvati0ily of~arry provision or.the surca0ilrcy d These forms m any spetitic transaction.
Cowdery's Form No. 28 -:Acknowledgement to Notary Public - Notary Public, State of California
Corporation lC. C. Secs. 1190-1190:1) _ (Rev. 1/83) My commission expires. ' January 2 5 , 19 9 3
EXHIBIT A=1
DESCRIPTION OF PROPERTY SUBJECT
TO DEVELOPMENT AGREEMENT
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EXHIBIT" B-1
SITE :PLAN"
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- _ Res®lution 110. aa~-39i ~ ~•i~1.C.S.
~f the City of Petaluma. C~liforni~ •
A RESOLUTION APPROVING T.HE U'N.IT. DEV.E;LOPMENT PLAN
FOR" 'T'HE ADOBE CREEK GOLF AND COUNTRY CLUB PHASE I LOCATED
ON THE EAST SIDE `OF' ELY BOULEVARD SOUTH,
BETWEEN GASA G`~R'AIVpE A1VD FRATES ROADS
,.
WHEREAS, by action taken on November 22, ;1988,, the Planning Commission
recommended conditional`- approval of the Unite Development .Plan _ for the
development of a 53-lot ;single-:family .residential subdivision.
BE IT FURTHER RESOLVED that the- " Gity Council' :hereby adop s the
findings' of the Planning Commission as its findings as set out hereinafter:
Finding's
1. The clustered concept plan clearly "'results° n a more desirable use of
land and' .a 'better physical environment: than would be possible under
,ariy single zoning district or combination of zoning districts.
2 . The proposed 'PUD i`s on property `w,hich 'has , the.. ability to provide a
suitable relationship; to thoroughfares (.Ely :Boulevard` South,, Frates
and Casa Grande Roads;)'; :.and that said: thoroughfares will be adequate
to carry any additional traffic generated b~q the development.
3 . • ~ The plan .for 'the proposed developmen3 will present a unified and
organized arrangement - of • residential units which •are appropriate in
relation to ~ adjacent or nearby properties and roadways, and; as
.conditionally recommended for approval, that adequate public and
private area landscaping and screening will., be included 'to insure
,coaipatibli"ty. .
4. ~ The :scenic ~ qualities of the improved ~site~ will be protected, "with
adequate ;available publi'~ and private spaces designated on the `Unit
"Development .Plan,.. through the provision of meandering,`pathways along
the frontages of Casa' Grande and .Frates Roads, and the dedication of
1
Res Na .......................:...... Y.C.S. ~ "
c. Landscaping shall .be , provided between soundwall and perimeter
fences and sidewalk:/pathways' to soften hardscape. (NOTE:
Shown on revised Allan')
d. Design details for fencing requirements (front., side and rear
property lines, -course 'perimeter, ..creek frontage) . Design for
security fence,,, when required..: around 'spas or ,pools, design of
which shall match or compliment decorative iron picket perimeter
.fence ~ detail.
e. Common area. landscaping details, including public right-of-way
landscaping . ,
f°. Par-ameters of maximum building envelopes, to equal minimum
setback .restrictions.
g. Identification of ;options and/or restrictions applicable to
homeowner's for construction of. either structural additions' or
associated: improvements (decks, patios., spas, etc.).
h. Lighting fixture details .for ,private streets and cul-de-..sacs.
i. Pathway' details - -for- separated walkways along Casa Grande and
Frates Roads and; streetscape landscaping- treatment., and for
access paths from cul-de-sac to .golf course path .system.
j . Project identification signs .
3. The PUD development standards sand . prgject CC&R'.s (conditions,
covenants and restrictions`,) 'for Phase L, ..subject: to staff. review and
approval, shall 'include references Lo the: following .development
standards:.
a. .Maximum residential building
or 30' . ~ .
b . Maximum lot coverage for'
improvements shall: be limited
building .envelope as reflecte
plan .
heights of two -ands one .half stories
principal dwelling 'and.. accessory
to an. area equivalent to the defined
d~ on~ the approved unit development
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private landscaping (except golf,. course,)-, ~ hardscape surface
treatments, private .street identification signs, ~ lighting fixtures,
irrigation aril fencing.
5 . The: following fencing: _ shall be provided concurrently with the
development of the residential units, subject to SPARC review and
approval: ~ .
a. A soundwall {he.ig_ht measured from grade .of ream yard' activity
area of the abuttin,.g residential,. unit not to .exceed 8', and not to -
- be less, than 5' ~ in height from- 'the. side facing the public street)
along the: separation of the -residential units' and street frontages
(Ely Boulevard -South, Casa Grande, and Frates Roads.).
b•. .Solid 6' wood fence. or stucco faced ~ wall: for 'side yards as
illustrated on the approved unit-.. development plan and, where not
adjacent to the golf :course, remaining side•yards and. rear- yards.
. ~ An optional design shall be provided to ~ allow .installation of an
-additional 2' of fencing ao the 6' wood fence or stucco faced wall.
c,~ :~D'ecoratve, open=style barrier for side ,:and rear, yard property
..; fines adjacent. to gol_f,, course property or Adobe ~ Creek.. Design
shall match. ~ oz compliment the decorative golf course and project
. perimeter 'fen'ce.
d. An access. control fence and gate 'across -access paths from
...
...
cul-de-sacs to .golf course.. Access .can. be controlled through; 'the
use. of a key or card-lock system.
e. Golf course perimeter `fence. design to be decorative iron picket
style.
6. All laridscapn~ and irrigation systems within the public right-of-way,
in common, areas, street tree ~ planting strips and landscape
median /islands shall- be maintained either by the Homeowner's
Association :or: through an Assessment District,, subject to approval, of
the :City Council concurrently with. the approval of :the Final b4ap.
Landscaping and irrigation systems 'within the: public right.-of-way shall
be designed to standards acceptable to the City of Petaluma and shall
5 •
~~ - ~ _ FZesolution ~'o: $$=3:92 ~ ~',G.S.
:..
nt the ~Cit~' Of PPf~IUm~. C~ltoriii~~
RESOLUTION. APPROUING.'TH'E TENT~A.TIV,E. h1AP' FOR
ADO'B~E CREEK,.,GOLF AND: COUNTRY CLUB, A 53-LOT
SINGLE-FAMILY DW'ELLI'NG DEVELQPti1ENT ON THE EAST SID`~E
OF ELY: BOULEVARD SOiTTH' BETWEEN CASA~ GRANDE' AND FRATES ROADS.
WHEREAS, DUFFEL E-IN,ANCIA.L AND G:ONSfiRUCTION' COMPANY as owner-
and subdivider, has filed with this Council a tentative map to subdivide
land within this City to' be known. as Adobe Creek Golf and Country Glub,
Phase I, and has paid all,required film°g fees;. and,
WHEREAS, the City Engineer, and D`ireetor 'of Planning, and the.:Planning ,
Commission have eXamined• and reviewed" 'the same as required by law and all
reports, recommendations`, and. comments thereon have been forwarded, to
and considered by this, Council at its meeting held on December 'S, 1988;
WHEREAS, by action taken on ..November 22,, ,,198:8,, the Planning Commission
considered and forwarded' a. recommendation to the City Council. on the
tentative map- for said Planned Unit District.
NOW, THEREF~O 'E, B`;E IT RESOLVED ~tlat .this Council .hereby ~ finds as
follows
Findings:
1. The. proposed. subdivision as conditionallyapproved, togefiher with
p ~ ~ "" ent with the '~,
rovisions for . its ' design and .improvement,,, is consist .
General. Plan ~objecfives, policies, general 'land uses, :and programs.
2. _The site: is physicahy suLab;le for the tyF
proposed, .as ,condtionah'y approved, .
3,. The :design ~of the, subdi ison and'
therefore;: ;- as conditionally approved,
environmental 'damage, and no sub~sfantal
to fish or :wldli-fe or their habitat.
e ~ and density of development
the proposed improvements
will note cause substantial
or avoidable injury will occur
1 _
Rea Ya8$.~.~9.2~ ..:........... N.C;S.
8. Development fees, applicable to this, project shall ;be as set forth. within.
t'he D:evelopmerit. Agreement.
9. A revised PUD unit development plan exhibit, incorporating all details
:and .conditions of approval which' can ,be reflected in map form, shall
be -.submtte.d within, 50days of PUD -,and tentative map approval, or
~~ prior to SPA-RC review,; whichever ,occurs .first.
10. Project CC&R's, signed and in recordable form., and .homeowner's
association . byl'awws shall ~ be~ submitted. 60 ;days p"rior. to .approval. of a
Final .Map and shall b:e ~ .subject to .review anal approval . of the
.Community. .Development and. Planning Department and City Attorney. .
Pro~j'ect GG~&R's shall be. signed and recorded ,with the Final ~Map~.
11. The, developers shall ~ s'ubmit a plan„ for Cori-going rouutne cleaning of
private streets and common parking areas prior. to issuance of the first
certificate of occupancy, subject"to the.- review and approval of the
Public. Works Director.
•.
12. The Tentative Map shall reflect minimum sefback requirements set- forth
as PUD' conditions: of approval, subject to staff 'review. and approval
prior to Final Map consideratiori. The ten,ta"twe, a.map shall be amended
-. to eliminate .one: lot within the cul-de-sac closest to the intersection of
Ely Boulevard South and `Casa Grande Road, to allow widening of .the
lots and reduction of the visualmass of building walls facing Casa.
Grande 'Road: ,.
. T3.. ,If 'required, ,amendment of the Development Agreement shall be
.. - -. .
completed ,prior ;fo 'review .of any :future phase :'of project.
14. The following' conditions of the City, Engineer hall:be. complied with:
a. Casa Grande Road shall b'e improved with this phase per
~.,_' ..
develo meet 'a reement Resolution 87-115 NCS, Item #9.
P S -
b . ~ Frates, Road shall be; improved. with. this .phase per development
.; g :Resolution 8?-115 NCS, Item. #8..
a reement
4
' • e. The developer shall 'partcpat_e : in a .fair-share .contribution for
off-site inter"sectgn sign°alizaton for .Casa• G,raride RoadlEly Blvd.
South .= $2, 794.92, Frates Road./Ely ~B1vd.. ;. So.. _ $41,..953.1:3 and
Casa Grande Road./So,. McDowell Blvd. _ $5', 595. T0. A
proportionate share of the aforementioned costs for this .p'hase
..--
„shall be Casa/Ely _ $286.39, Fr-ates-/Ely ~= $4:, 298.80 and Casa/ So.
McDowell =` $573.37. '
d. Project ;shall contribute a fair share contr-ibution. of $.350, 000.00
.y
for Lakeville Highway Assessment 'Di`strict- as Traffic Mitigation
Eees. Timing'," ~of contrb.ution `to be -determined by the -City
Manager, subject: to revision of. ,the development agreement .
e. The. :project shall comply -with all. .:applicable flood mitigation
requirements' adopted by the City Council as contained in `Zoning
- Ordinance Article 16 and Municipal Code, Chapter .. 17.30 "Storm
Drainage Impact Fee" .. All improvements :and ,gradin~~ shall comply
with the .Sonoma County Water.. Agency's Design Criteria..
f . Prior..to approval of the "`final map and. improvement plans , the
• d'eveloper!s'. design .engineer amd .the City ~ Traffic Engineer .shall
coordnafe all. `traffic mti'~ation measures for this subdivision.
These measures shall include, but not be limited to, lane
delineations with, relation to ~ ;the proposed' landscape islands,.
signing, striping, ~ turn.ng pockets and intersection geometries.
. ~ All intersection improvements' required 'for this; ..:phase shall be
determined by the City' Engineer, .
g. .Adobe Creek shah be- maintained'`-'in a natural state and :provisions
made toaccommodate:flood flows.. '
h All existingutilities. (12KV lines 'and under) .shall be converted to
underground :facilities.
i. Overland :utter, flow to„the •nearest'storm. drain inlet shall be. 500'
maximum.. Additio;ial storm- drainage • improvements, such a8
extension, of the proposed storm drain pipe with additional storm
drain: inlets, shall be required 'within this subdivision..:.
j';. All. streets (public,, .private and' cul-de-sacs)' shall he designed in
accor_.d'ance with Petaluma Municipal' Code Section 17..20.070 and
the City of Petaluma minimum design criteria. The private
' ~5
^,~®392~CS
,.
BE IT FURTHER RESQLVED that this Resolution shall become effective as of
the effective date of Ordinance 1747 N.G.S.
reso.adobe.cre;ek.tent.map/resol0
Und®r t6s powe::and authority conferred upon this Council'by tb®~Cbarter of said City:
REFERENCE:. I benaby certify t1nD .foreeoin~ Rerolution ,war int*~+~~ ';:rd ~deoe®d by tea Awroved as to
Conned of the•City o~ P.etalumn at a (Regular) (~
on tlae _....:~kl......_ day of _........_.AflE
following vo6~:
pyEg; Cavanagh,, -`Sobe;l, Wool'aey, Bals~haw, Vice Mayor
NOES: C
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ABSENT; Tenc'e
.ATTEST : .............:... ...................................~~..................___....... _...;;.
City erk 7 '
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CA IO.85 ~ Res No....8.8.~.~9.~;.,:;:. N.C:S. ., '
. Resoltr~tion i~o. 89-33g ~i11:C.5.
_c~P aiif~ City' <)t f'f't~llllLlld, C~~ti't~~rr~i~~
A :RESOLUTIO:N APPROVING THE UNIT DEVEL°OPMENT PLAN
FOR THE ADOBE :CREEK GOLF AND CO.U-NTRY GL.UB UNIT 2 LOCATED
BETWEEN' .CASH- GRANDE AND FRATES ROADS,
EAST OF ELY BOULEVARD SOUTH
WHEREAS, by action taken on October 26', 198:9, the Planning Commission
recommended conditional approval of the, Unit Development Plan for the
development of a 267-lot .single-,family residential subdivision.
BE IT .,RESOLVED that the City Council. finds that the requirements of the
California Environmental ~ Quality Act Guidelines -have been .met and, hereby
incorporates-by refer"ence the EIR, certified, approved and adopted by the
City Council in January, 1985.
BE IT FURTHER R-ESOLVE~D that the City Council finds that. this PUD Unit
Development Plan has been ,proposed in substantial compliance with the PCD
approved for the project ..site on April 27, 1987 by Resolution 87-11.5.
BE IT FURTHER -RESOLVED that the City Council hereby approves .ahe
Adobe Creek, Unit 2 unit. development plan subject to the conditions of
approval set qut hereinafter:
PUD `Conditions.:
1. Comsid:eratioi of the proposed. amendment to the Development
E1greement shall ,:be concluded by -the Planning ,Commission prior to the
consideration of 'the PUD rezoning, ,PUD unit development plan and
tentative map fo'r Adobe Creek Unit 2 by the 'City. Council.
2, The PUD Sevelopment plan shall.. be .expanded .and/or amended, .subject
to SP.ARC review and approval, to ~ incorporate maximum building
envelopes, to equal minimum setback restrictions.. .
3. The PUD. development standards and project ._CC&R's (-conditions,
covenants .and restrictions) for Unit 2, subject to City staff review
1
kes. vo........89':3:3.8... x'c.s;
- J and approval, shall incorporate references to the following development
standards;:;
a. Idenfi'fication ...of opfions and.Gor r-estr-fictions .applicable ~ to
homeowners for construe ion of . either structural additions or
as,sbciated improvements (decks., patios:, spas, etc..) . o
b•. ~ Maximum resid'erifial building, heights of two and one half. stories
or 30' .
c. Maximum lot . coverage .for principal dwelling and accessory
improvements shall. be limited to an area equivalent to the. defined.
building .envelope as reflected on the approved unit development
,plan. .NOTE:. Within this PUD, the: 'building envelope shall mean
the. area 'contained, within the required .setbacks from perimeter
p"roperty •lnes.
d. Minimum .setbacks shall be as follows.:. •
Front: ~ average 1$' to garage door., unless deemed by City.'staff
- to require more to provide adequate maneuvering area.
Side : 3:' minimum to property line., .1'0' separation ~ between
adjacent residences.
Rear: 12' minimum from rear-most plane of structure closest to
rear. property hne.
e. Rebuilding,'andJor replacement 'of residential structures, including
fences;, §hall conform to the approved, unf development plan.
f. Garage` conversions are proh'i'bited..
g, Recreational' vehicles must be sfored off-site, or within the
g:~'a'~e • .
2
• Reso. 8:9-338 N:C.S.
h. Whether minor additions . (decks,, patios, g-reenhouses, spas, etc. )
. ~ ar.e permitted in .conformance with PU'D Development ;Standards.
If proposed to be permitted.,; under what standards and/or revea%
processes? ,
i. tiVhether structural additions are permitted. If permitted, are
they subject. to Homeowner'=s Association. review and approval?. If
;permitted, : ~ structural additions shall be~ contained within the
building envelope, as defined within this PUD and set forth on
the approved .unit development `plan and subdivision map. Design
`~ shall be in keeping with the approved PUD~~ development plan.
j. Home occupations are permi'tt'ed subject to the regulations of;.,athe
. .,Petaluma Zoning Ordinance and any provisions of~ the .project
k. Accessory .structures ;shall be permitted, subject
Association review and'. approval, and'" shall be a
the building , env.elope;. Development: standards
accessory structures 'shall be ,prepared by the
subject to SPARC review `and approval, prior
approval and recordation. _ ~ '
to Homeowner
~ntained within
for permitted
developer and
to final map
1. Parkin"g, enforcement program;, subject to review :.and approval by
Ctg"Staff-.
4. Ash aspects of `the proposed d'evelopmen~t plan ;are subject to review by
the Site Pawn sand Architec:fural Review- Committee prior to approval of
a .Final. Map`; including but not limited to: architec:ture., public and
private 'landscaping (except golf course) , hard'scape surface.
treatments;, _ ~ private .street ,~ identification signs, lighting "fixtures,
irrigation,; ,public right-of-way pathways.:; project .identification signs.
and fencing. Partculaz~ emphasis shall be~,::given to:
a. ~Prov'son of substantial landscaping along project's perimeter,
including Casa Grande, Frates ;and Old Adobe Roads:.
3,
Reso. .89-'33'8 N.G.S:.
- b. Interior streetscape with 'sub tan.tial'r 'street tree,: planting, in
' ..'excess of minimum standards typically. _.. seen, the intent being to
make thi's Petaluma's. "show.-pla'ee" housing; project.
c. Provision of screen. plantin°g adjacent. fo residen,fial fences which
abut golf course path~ways.~
d~. Provision `of . at; least four off-street parking spaces, for , .each
residential unit, with. adequatedriveway width and length to
afford safe maneuvering . ' .
5. All" landscaping., irrigation systems;, lighting;,, :walls, fences, etc. ,
within . the public, :right-of-way shall .~ b'e ~~ maintained through an
Assessment District, _. subject to approval of the City Council
concurrently with the approval of the .'Final ~ Map. Costs" associated
with the formation, of the ;assessment district .;shall be borne by the
developer.: Land§caping and irrigation. systems: within the public
right-of-way shall. be ..designed to standards acceptable. to the City of
Petaluma and shall be 'operated by _time-controlled, 'd"evices designed to
be activated during non-daylight, hours. -
6. ~ All landscaping,, irrigation systems., lighting and' other improvements
with.: in the private. right-of-ways,, within the project site, ,shah. be
maintainedthrough a ~!homeowner's -association -or :other method, subject
to City Council review and approval concurrently with the approval of
the Final Map .
7.. Streetacape . landscaping and, pathway' treatment shall be extended ,
beyond. City limits. lines. `to. provide .continuity of design;; subject , to
SPA~RC review 'and approval.
8. Cul-de-sac .paving pattern shall match the detail illustrated on the unit
development .plan (titled prototypical. plan on . the Illustrative Site
Plan) , subject to ~ SPARC review and approval.
4
. 89-338.N.C. S.
9. Hours of construction activity on the Adobe Creek .residential projects
- ha1L be liiriited to the hours of 7OQ' AM to- 6:OQ P,M, Mo.nday 'through
Saturday (nonce holiday) . _
10. All -ap-plicable conditions to the original PCD :approval, which are. not
amended by these actions, shall :remain in force.
11. P-public access and use of the.:, course shall continue for 50 years from
commencement of operations., unless reduced, modified., , or extended by
mutal consent, of the City ,and Duffel or `D'uffel's successors in interest.
.Said. obligatigns"for public access shall run with the land and shall be
binding on Duffel' and 'ifs successors in .interest :an3 ownership.
reso.. adobe:. creek2 . pud
resoT2
Under the .power and' authority',conferred, upon this Council by the Charter of: said City.
t
REE'ERENCE; I hereby oertify'tbe foregoin~'Reeolntion. was introduxd and adopted by the -, ~ ~ o
fo
Council of~.the, City of: Petaluma at a (Regular) (- ) ;meeting ' _~~ ~
.......... .......... Y
on the'-:..:.....5:th........ day of - ~Toii~er' ~ , 19.8.Q.. , b the• ~
.-
following vote:: .
__, i A o , y
AYES: Tencer, Woolsey, Balshaw, Aavis, Vice Mayor S'obe1, .Mayor H,llgoss
NOES: 0 '
ABSENT: C van'a'
.. ..... ... ................ .
ATTEST: .: _ '
ity .Clerk .
own .._5 ._._. .-,
c.~ io~as Reg. ua....89•-3:3$,...... ~c
Reso°~ll't10C1 i~1~0. 89-3.39 ~T.C.~.
Ot tflf' ~.Ita' Ot -Yf'trl.~llllld. C~llItOCCI'I~l
RESOLUTION APPROVING THE TENTAT'TVE. MAP FO,~R
ADOBE CREEK ::GOLF AND COUrNTR,Y CT;UB UNIT 2,;' A 26'7---LOT
SINGLE-FAMILY DWELLING DEVELOPMENT` LOCATED EAST
OF ELY BOULEVARD SOUTH BETWEEN 'CASA GRANDE AND FRATES ROADS.
WHEREAS, DUFFEL- FINANCIAL AND CONSTRUCTION CO.MPAN.Y as owner
and, subdivider, has filed with this Council a tentative map. to subdivide
land within this City to be known as Adobe Creeks Golf and Country Club
Unf 2, and has paid all required' filing 'fees; and,
WHEREAS, the City Engineer, and. Director of Planning, and the Planning
Commission. -:have examined and .reviewed the same as required by law and all
reports, -recommendations, and comments thereon have been forwarded to
and considered by this Council at its meeting held on. Qctober 16,. 1989:;
WHEREAS,,. `by action. taken on September 12, and. 26th, 1989, -the Planning
,. _
Commission considered and' forwarded a recommendation to the City Council •
on the. tentative map for ~ said -Planned Unit District. •
_ NOW', THEREFORE., :B~E IT RESOLVED. that this Council hereby finds as
follows
Findings : •
1. The proposed subdivision, as conditionally approved, together • with
_ ._
provisions for its design and. improv:ement., is consistent -with the.
General Plan objectives„ policies, general land uses and programs. .
2. The site •is physically suitable. -for. the type and density of :development
proposed, as. conditionally approved. ~ •
3. Thee ` des~:n of ' the subdivision and the proposed. improvements
Therefore, as conditionally approved, will .not" .cause; substantial
environmental damage, and no substantial or avoidable injury will occur
to fish or wldli"fe or 'their habitat. ~ •
1 •
Rig. ;va........8.9-.33.9.... v.c.s.
4. The design of the Subdivision. and the. type of improvements will not
cause serious public health problems.
5. The design of the Subdivision and the type of improvements. proposed
will. not conflict with easements, acquired by the public at large., for
access 'through or use of property within -the proposed subdivision.
6. The discharge of was a from the proposed. subdivision into the existing
community, sewer system will not result; in v,io.lation of the existing
requirements prescribed by the Regional Water Quality Control Board.
7. That the restriction to limited access for- the Adobe Creek channelway
contained within this project site is due, .to the need to insure public
safety. It; is assured. that. access. is retained for research and
enhancement projects such as the Casa Grande High School hatchery.
BE IT FUR'PHER RESOLVED., based , on the findings set forth above, that
the above referred to tentative map, be and the -same is hereby- approved,
subject- Ito the conditions set forth below and incorporated herein .as follows.:
Conditions:
1. Consideration of the proposed ;amen.dment to the Development
Agreement shall' be concluded by the Planning Commission prior to the
corisder,ation of the PUD rezoning, PUD unit development plan and
tentative map for Adobe Creek Unit 2 by the City Council.
2. Private street names shall be subject to approval of the Petaluma
Street. Naming Committee.
3. All restoration and enhancement: `work within the Adobe Creek
channelway. -and along the top of bank shall be done in conformance
with, plans, reviewed and approved 6y all appropriate regulatory
agencies prior to issuance of a residential building permit within Unit
No. 2 All. restoration and enhancement work shall be undertaken in a
2
Reso. 89-339 N.G.S.
:~ timely manner, cognizant of restrictions of .weather, but_ in no case
shall completion of said improvements extend :beyond December, 1990 or
• .,the: completion of all residential ~ .units , ,whichever comes first .
Substantial. compliance, as deemed appropriate by City staff, shall.- be
achieved by end of summer 1990.
4. Development fees applicable to this, project shall be as set forth within
the revised Development Agreement.
5. A revised PUD unit development plan exhibit, incorporating all details
and conditions of approval which can be reflected in map form:, shall
be submitted within 60 days of PUD. and ten•tatve,~ -map approval by the
City Council, or prior to .SPARC review,,. whichever occurs .first:
6. Project CC'&R's, signed and in .recordable .form,, and. homeowner's
association -bylaws shall be submitted 3'0 days prior to approval of. a
.Final ,Map and shall be subject to review and approval of the
Community Development and Planning Department- and City Attorney.
Project CC&R's shall be signed and recorded with the Final Map.
7. .The developer shaiT submit a plan for on-going routine cleaning of
private streets and 'common parking areas prior to issuance of fhe first
certificate of occupancy', subj°ect to the review and approval of the
Public Works Director.
8. The Tentative 'Map ~ shall reflect minimum setback requirements, set forth
as, PUD conditions of approval,. subject to staff review and approval
prior to 'Final Map-consideration .
9. Transit ;bus-stop facilities shall beprovided as deemed .appropriate:, by
City .staff and Sonoma County Transit,prior to Final Map review and
approval by City Council. IaiproYemen~ts shall be ~ completed.
concurrently with public improvements...
3
Reso. 89-339 N. C. S,.
10. Golf course ;pathways between residential lots shall measure a minimum
of .25' in width with substantial screen- pl'antn~g against residential
fences.
11. All applicable ;eondi~fons to the original ~ PCD .approval, which are not
amended, by these, actions, shall remain in force:
• 12. The conditions _ of the• City Engineer, as set forth below, shall be
complied with
a. Adobe Greek s~lall be ,maintained in a; natural state and provisions
made to accommodate flood "flows,. to the . satisfaction of the City
.Engineer.
b. A 25' minimum back..-up area is needed behind parking spaces of
cul-de-sac parking islands. P-lease show parking and back-up
area~~ (:25') tin Section C-C. Section D-D shows proper
configuration of ,parking and back-upmaneuver areas.
c. Two sets of water calculations shall be required for this
development°. 'One set verifying they system adequacy (fire flows
and domestic service=, pressure) of Phase 1 and another set
covering. both .Phases 1 and 2.
,. d. Tf` on-street parking is proposed along orie side of Section A-A,
the specific location shall be .-stated on the' tentative map .
e. "~No Parkin~~" .shall. be designated ~alon~ the remaining streets
within,. this development except as' proposed in the landscape
parking islands and proposed parking .pull-in areas. (,Section
;D'-D) .
f. -Any-'facilities for pedestrian and- bike patlways shall 6.e contained
within a public access easement.. ',
g. The: '20' dimension shown :inSection C-C on the tentative .map
appears incorrect. This shall b be rechecked and corrected if
necessary:
h. ' .The ;p"rojec't. shall `comply with all. applicable flood mitigation
requirements'. adopted by the City ~ Council as contained in Zoning
Ordinance Article 16 and Municipal Code:, Chapter 17.30 "Storm
Drainage ..Impact Fee" .
4
Reao. 89-339 N.C.S.
,o
' i., The existing wastewater irrigation :force main ,and easement shall
• be, shown 'on the tentative map ~ or other •_appr`opriate mechanism.
j. tAll~ storm. .drain "pipes not draining 'a private street 'shall be
private a'nd.maintained by the golf course.
k. The private streets, ~ as shown on' they tentative map, shall be
maintained by the Homeowner'°s Association or other appropriate
mechanism. '
1. It is unclear . if tine clubhouse §te, Lot :A, is to be included
within the .golf course. area. If it is not_ then it shall be labeled
"remainder". ,' If it :is to be, considered a separate lot than,
dimensions and .area to the, nearesf 100' square feet stated along
with access and utility services shown.. y
~m. -All grading and ..erosion • control measures shall conform to the
City's Erosion Control Ordnance•'No:...l5,76 NCS.
n. Lot-to-lot and. across. ,property .line drainage.. is not allowed;.
Provisions shall `b;e • made to catch this .water before it. crosses .the
adjacent property.
o. The existing. PG&E .easement. adjacent to Frates Road shall be
shown on the tentative map ..
• p. Allexisting utilities {12KV lines and under) shall b be converted
to undergrqund facilities.. ~ _ '
q. Prior to the iss"trance of any building permits, lot pad: elevations
shall- be .certified .by a Registered; Civil Engineer.
r. -~ Handicapped.. ramps shall' be provided at street corners with
pedestrian access. ,
13. The. 'landscape medians within, the three ctrl-de-sacs .shall be shortened
to provde• adequate access, to residential driveways-, subject , to SPARG
and .City staff .review -and approval:' •
BE IT FURTHER RESOLVED that ,the. City Council find's .- that the
requremen..ts of the California Environmental. Quality Act- "Guidelines. have
been satisfied by the certification of a ~ Final Environmental Impact .`R'eport
- -•.
for this project, site. approved by the City ~Gouncil -in January, 198.5.
5
• .Reno. 89-339 N.C.S;:
BE IT EURTHE'A RESOLVED . that' the City .council` finds that ,identified
potential: , impacts haves been satisfactorily lessened or avoided by the
- incorpo"ration, of mitigation measures . as conditions of the development
approval as set forth.. ;ln,: Resolution ,9_.3..3.8 approving the PUD development
• plan, and. incorporated herein,. by reference, °as adopted by the City Council
• on November 6, 1989.:.
BE IT FURTHER ,RESOLVED That this Resolution shall become effective as of
the effective date of Ordinance 1778 N.C,S.
reso. adobe. creek2, tent. map
resol2 '
Under'the, power and ;authority conferred upon; this Council `1;y;the; `Charter of ~eaid City:-
. __ _` a
REFERENCE: I` hereby certify tbe,foregoing Resolution •was intioduced ;and ,adopted by the ~>~'` APP s:.4Q,
• fo _
Council of tfe'City-of `Petaluma at a {Regular) ( )meeting , .., • -` 1
on..the- .....:.fit.h .._...... day of No:Y~mb~z.........._......., 19.&Q.., by the ~:
following wte: ........ .::...:.....::.......:........
ity Attorne
AYES: Tencer, Woolsey, Balsahw, Davis, Vice Mayor Sobel, Mayor:Hil igoss
NOES : 0
. ,
ABSENT: Ca na ~ .
ATTEST: ... ..... ...:.:. ,:_..... ::..:.: ......... ' ........................_..:.:; . ..............
City Clerk 6
co~mcil File. ._.._.__
_._
CA 10-85 Res. _Na .:.::8 9 ~ 3.39....... ~.cs: ,
E%H1BIT ~D-1!! ~ .
ADOBE CRE-ER' GOLF & COiTP1TRY: CLIIB '.PROPERTY
1. Permitted Use of Property': The Property shall be
developed in accordance with the PUp (Pl,anned Unit District) Plan
approved ~by Resolutions •88-3912 NCS9 d t`ea ~ube~ 154.1588 ~ ~w• (o ,
1989, and attached hereto as Exhibit "~C-1"' or as amended. The
maximum number of residential dwelling units `permitted within the
project shall not`exceed~32;b. The number and type of units shall
be explicitly determined upon the rezoning of the residential
areas.
2. Project-Phasinct: Pzor to ,issuance of any
Occupancy Permit for- residential dwelling units, golf: course
rough grading must be completed and additional golf course
improvements including ~fnish•~gradng, installation of.
irrigation, potable water and wastewater system, installation of
trees `and seeding of fawn .areas sha-11 be comglete. At Duffel's
discretion, .grading, for. residential areas street and lot
improvements andhome construct-ion-may occur smultaneoushy with
additional mprovements.to•golf course, and upon satisfaction. of
all other're evant conditions.
• Duffel shall~be permitted to construct up'to one
hundred (;100) residential :dweling_urits in each calendar- year
' commencing in.. the year the, additional golf" course mprovements• as
described above are determined to have commenced.
If he construction of Tess than~one hundred•.(100)
residential` dwel-ping-units :is commenced in any given calendar
year, the. difference between the number actually constructed and
one hund-red (1"00') may, at Duffel's discret°on, be commenced in
the following calendar year (aJ . This right `wl-1 'be cumulative in
..
.each calendar~yea~r and will not'be lost 'if not exercised by
Duffel in any given calendar year. .In no ,case, however, shall
Duffel request or be granted Certificates of .Occupancy in excess
of two hundred (20'0:) units in a single calendar year.
As used heren,~the terms "',.Occupancy Permit"' and
'DCertifieate of Occupancy." shall `mean the Certificate issued by
the City. of Petaluma`'BuTildng Division which bears the signatures
of representatives of the Fire and Pub°lic Works Departments..,
Planning Division and Building Div=ision which comprises .the
official. release of a dwelling unit or other building for
occupancy or .use.
As used herein, the term pDevelopment Permit's shall
mean-any permit whch~s issued by the City of Petaluma Building
Division and is required for actual construction of a residential
dwelling. Commonly,sthe first such permit :issued is a foundation
permit.
3., Public Improvements Off-Site: Improvements of. Ely
Road shall be completed prior to occupancy of any residence in
the Project,... Improvements to Frates Road shall be completed
prior to (a)- occupancy of: a residence in: Unit No. 2; or (b') the
opening of the golf course, whichever event first occurs.
Improvements to Casa Grande Road shall be•cbmpleted prior to
1Q/31/89 -2- 3DUFF.D1
DUFF40884
occupancy of a .res.dence in Unit •No•. 2. The design- o.f the
improvements shal•1 be~subject to City approval.
Other off-site public improvements shall be completed
as.approprat'e and needed to serve respective residential areas
or the golf course as they are developed.,~subject to City staff
. determination, unless otherwise specifically'no.ted herein.
At the City's discretion, Duffel may be required to
provide underground conduit to the City's specifications to
accommodate future sgna•lizat~on at the Ely/F•rates and Ely/Casa
Grand intersections as part of Duffel's improvements.
4. ~Dedica.tons and Restrictions of Easements: An
- agreement creatng'a ecen°c/open space easement, subject to the
approval of the City, and Sonoma County covering the entire golf
cour-se portion of the project except the club house/activity area
and maintenance yard area sYiall be prepared and recorded prior to
ssuance•of any "'Development Permit" for residential dwelling
units:
A drainage easement to accommodate the Sonoma~County
Water Agency's proposed East-side Bypass•has-been provided,
approved. by the City and recorded, September 5, 1989, as Document
No. 89Q7~&560:, Official Reeords of Sonoma County. If this
easement subsequently is found by the City and Sonoma County
Water Agency to be unnecessary,~saad easement shall be
relinquished;.
10/31/89 -3- 3DUFF.D1
DUFF40884
~`As,determined by the City, access easements will be
requir.;ed for.off-street; pedestrian/bicycle paths. paralleling
Frates: and Casa Grande Road
~~ Additional dedications and. reservations of easements to
accommodate streets `and other publ-c improvements will., at the
City's dseret~on, be required as~part of normal land division
.review/appr--,oval process.
5.. Special Assessment Districts: Duffel shall be
responsible for establishment of landscap-ng and lighting
maintenance district, subject. to the City°'s approval, .for
maintenance of landscaping and associated mpr-ovements to puble~
rights-of-way as required. Said district shall be established
prior to close of escrow of first residential dwell-ng unit..
Other special assessments may be ;required as
specifically prov,ded~ herein.
6.,. es; Duffel shall be responsible for the
following fees:
(a) `Park and Recreational Improvements`:• Duffel,,
on a per residential .dwelling unit basis., shall 'be subject to
paymerTt:of two-fifths ~(2/5) of the applicable park and recreation
improvement fees,. a's established by the Petaluma Municipal Code
in effect at the time of approval of each~tentatve map.
(b) ;< :School Impact: Duffel shall be subject to
full school, impact fees as determined by the affected school
district{~s),-.
10/31/89 -4-
3DUFF.D:1
DUFF40884
(c) ~ Flood Mitigation: The. residential and golf
course club house/~acti~ty areas and maintenance .yard area stall
be subject~'to a'll applicable flood mitigation fees, as
establshed,;by the Petaluma Municipal Code in effect at the time
of each final map approval for residential areas and building
permit for:g,olf course club-house/activity area.
(d) Community Fac-Tities Development: .The
z
residential ~and~golf course club house/actvty~areas shall be
subject to.communty development .fees, as estab3ished by the
Petaluma Municipal Code, in effect •~at.`-the. time of building ,permit
issuance. The'golf course .area hall be eXempt from said .fees
pursuant to Petaluma Municipal Code~Secton 17.14.020('c.)(4) as
long as its operational characteristics continue to comply with
the provisions therein.
(e).: In-Lieu Housnc:.. Duffel,~shall pay low and
_ moderate housing in-lieu fees in an~•amount to be determined
pursuant to the schedule established ;by Petaluma Cty.COUncl
Resolution No. 84-199 A1: C;.S., or as amended or shall make
alternatye.ar=angements to meet the low.and moderate ncome•
housing prov~s:on~requrements of the Housing Element of the
'Petaluma General Plan, said alternative arrangements to b'e
subject to: the approval of the .City Council prior to approval of
eacYr~ final subdivision map .
10/31/89- ,.
-5- 3DUFF.D1
DUFF40884
• ~ (f) Traffic Signal Mitigation: The project
shall pay' traffic signal mtigat°qn. fees for the following
intersectons•'iri~the amounts indicated:,
(1-)~ Casa Grand/EI~y $ 2,794.9.2
• ~ (2) Ely/Frates $41,953.13
. (3) Casa Grand"e/S. McDowell $ 5,595.70
(g) Traffic Mitigation: In satisfact°on of
Condition 13 of the'PCD,Duffel shall be subject to payment of a
traffic mitigation fee for~each residential dwelling unit at the
.. ;
time. of issuance of building permits for each :unit and $`150.00
per estimated daily automobile°trp for the golf course club
house/act°ivty area; [Total number of trips estimated to be 100],.
Such fees 'to be calculated and paid at the time. of issuance of.
building permits. The actual fee paid for each residential unit
shall be calculated as fol ows: Ten percent (10-~'.) of, the total
cost of Lakeville Highway, Roadway Improvements not including
sound wall minus mit'i'gation,-fee paid .for golf course club
house/activity area, divided. by the number of units approved
under the 'project''s PUD Rezoning' Plan,. In no' event, however,
' shall the total 'traffic mitigation fee payable by Duffel
hereunder or otherwise on account of: the project exceed six
hundred ninety .thousand dollars ($690,000.'00').
7=. Coordination. w-th Sonoma. 'County;: The City shall
coordinate with the County to .expedite approval of the use permit
10/31/89 .
-6-
3~DUFF. D1
DUFF40884
and any other approval required~by Sonoma County `for the portion
of the golf course which lies wthi~n,County jurisdiction.
City shall coordinate with the County to expedite any
necessary approval by the Sonoma. County Airport Land Use
Commission.(ALUC).
&. 'Publi'c Access:: It is the intent of the City and _
Duffel'~that the golf course be open to public play. Accordingly,
Duffel(and its successors in .interest in ownership of the golf -
cour--se) shall operate the golf course in a manner which is
consistent with the operation of semi-pryate.golf courses in
Northern~California with respect to the availability of starting
times for the public and" the setting of green fees., golf cart
rental fees and 'other mlar fees charged to the public.
Plotwithstanding the foregoing, Duffel (and its successors`):.,'at
its option, may provide to purchasers of residential units, within
the Project such golf course privileges as preferred starting
times, reduced green fees, resident cart privileges and other
such benefits that may be consistent with good golf course
management. Additionally, Duffel (and its successors), at its
option, may provide similar privileges to a limited number of
golf patrons, on a non-discriminatory basis; but in providing
such additional prv-ileges, the majority of available daily tee
times w-ill remain open for public play.
As used herein the term ''semi-private club"' shall mean
a golf course that is open to public play in varying degr-ees, as
10/31/89 -7- 3DUFF.D1
DUFF40884
prescrbed'by management. This type of course is established to
operate as a successful business venture. Its operating policy
is geared -to return `the best net profit to the proprietors .
These courses inay.or may not have ,member privileges, but. in all
instances rely on some degree of public fee-paying patronage.
The :obligations of Duffel and its successors in
interest. and owner-ship of the golf course+;~ "including but not
limited to public access and' use of. the course, shall continue in
effect for 5'0 years. unless reduced:, modified., or extended by
mutual consent of the City and Duffel or Duffel,~s successors in
interest.. Said'oblgatons for public access. shall run with the
land and shall be binding on Duffel and its successors in
interest and ownership. Duffel or Duffel's successors in
interest shall execute and record any document necessary to
assure public access and use of the golf course for the above
mentioned time period.
9. Clubhouse•
(.a) Duffel shall construct a club house facility
of approximately seventeen thousand (17,000y square feet, which
shall include a pro shop, snack bar and bar loungefor service of
alcoho°l'c beverages, and cart storage to house a minimum... of sixty
golf carts'. Zn case Duffel does not .complete said facility
within. five years:•f~rom the date ths.deyelopment agreement is
executed, Duffel agrees to .dedicate~a one acre site to the City
of Petaluma in the area designated apro shop and club house'° as
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. shown .iri Exhibit _B. within thirty (3"0) days of the fifth (5th)
anniversary o€ the execution off the agreement.
The club house facility shall have access to the
planned park..ng areas.
10. Wastewater Irrcraton: Duffel shall use the City
supplied treated was ewater to irrigate those areas of the golf
course deemed acceptable, by those agencies having jurisdiction
over the use of wastewater for irrigation purposes.. Duffel shall
execute a binding agreement which shall run with the land to use
such was€ewater for a period of fifty (50) years. Said agreement
shall specify Condit°ons of use of wastewater. The golf course
operations shall bear~all pumping costs incurred annually to
deliver the wastewater to the site.
The City will construct the necessary conveyances and
pumping facilities to deliver the wastewater to the project site.
Duffel shall provide an easement~to the City through its lands to
Casa Grande Road :for future extension of the transmission line
for the wastewater. .The: location of said easement to be
determined at the,t4me of f nal design'.
11. Water:. Pricer to the issuance of any residential
building permit or clubhouse permit in the .area designated as a
Development Constraint Area (DCA) on the: Petaluma General Plan -
..
Development Constraints Map, the.improvements to the Petaluma
Municipal Water S stem necessary to 'provide the, required water
pressure to the DCA shall. have been constructed.
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The: City agrees to commence the design and engineering
of the ;required water improvements upon execution of this
Development Agreement and to proceed with:-the construction
forthwith. These water improvements are generally described as
Southeast Pressure Zone IV in the adopted Water Master• Plan of
the City.
.~• - ~ Thee City shall form a benefit area, of which 'the Adobe.
Creek development wial be a part:, to fund a`port-ion of the
benefits. 'Duffel agrees to pay ,ts fair'share of the required
•improvements on a prorated per unit basis at the time of payment
of the water connection fee.
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