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HomeMy WebLinkAboutOrdinance 1706 N.C.S. 12/07/1987•YF- ~~ ,F~rj, ~ ~ ~:'i ,~ U' `~,fu"r'i'~ L' ~'e ~~ F'r JAN 6 1988 i Introduced by: Larry Tencer Seconded by: Vice Mayor Woolsey AN ORDINANCE OF THE CITY OF PETA"LUMA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETA-LUMA AND 'D'UFFEL FINANCIAL AND CONSTRUCTION CO. FOR THE MUIRWOOD GOLF AND COUNTRY CLUB PROPERTY BE IT Q'RDAINEL~ .B Y,' THE COUNCIL OF' 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 Duffel Financial and Construction Co. , a copy of which Agreement' is attached hereto as Exhibit 1 and incorporated herein by reference., is consistent with the General Plan and other applicable pPans, policies 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 said Development Agreement on behalf of ORDINANCE NO. 1706 N.C.S. the City of Petaluma: - i f ,. :. j f. _ ~ . I 7 3 _ I ' r i~ I t -- -- ~ ~~~ ~ ~_ . ~ ,,.. ~~ ~ - ~ ~. ' ~('''{~~.r~ ~[[J]J I ! ' lc I ~' m [r`~~ r `t1-_ I J ~ ~ - - " y. _ ~, h ., ~: N ', P°s fl ~ '' v Rf } c~~~t~n~',,~ ~' l P '~k Rj~ ] '1 ~ i ~ ~ GAT fyr® ~r~®~.v®®®®'~~'+[~~ f ~ '~ ~, ,ems ®® t~. - 8 ai:, x° ,:. ~ ® °~ b oZ'tiT a ~ a} C¢ ~ ~ e y a ~~ ~ ~~ ~ Cm~.~, , z ~ d ~ ' ~ b t~ ~ p ~ ;~, ;'' ® ~' 'y ~. ® ~ ~j y m ®1 ' ~ ® pe U 4D c T ® _ ® ® 6I~ ''Z+ ~ y c _ ; { ~ r ._s u .~:. e~~ _. -r ~. . a ~~ -~r+r. .; ~.. i[ ~ 1 r 6 ~~ ~ y i~~~i ~d 377, i~P`~_}~P1. ~~. 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F'O R MUIRWOOD GOLF & COUNTRY' CLUB' PROPERTY THd5 DEVELOPMENT AG'R'EEMENT is. made. and entered into as of ~'e'~ _ ~ T98Z, by and be:t.ween the CITY OF PETALUMA, a mun-icip,al corporation. (the "City") , and DUFFEL FINANCIAL & CONSTRUCTION CO. , a California corporation ("Duffer") . RECITALS 'Whereas, California Governmen Code Sections 65864,, et seq., authorize fhe City to ender -into binding; development. agreements with any person having a legal or equitab a interest in ,red1 property for the development of such property.; and, Whereas, pursuant to Government Code Section 65.865, the City .has adopted by Ordinance No. 1072 N.C.'5,., Article 1'9.3, rules and regulat-ions establishing procedures. and requirements for 'the consideration, approval and execution of development. agreements; amd, Whereas, Duffel is the owner of that certain real property (the "Property"') commonly known as 'the Muirwood Golf and Country Club property., located in the City of Petaluma, Counfy of Sonoma, Sfate of California, and more particularly described. in Exhibit A and depicted- on ,~ Exhibit B, both of which exhibits ,are attached hereto and incorporated ~ ~,~ herein, which real. property is the subject matter of this Development Agreement; and, Whereas, the City has previously adopted Resolution No. 87-115 N.C.S. , a copy of which is attached hereto as Exhibit C and incorporated ' EXFII~IT ~ :~ IM1 'y .I Herein„ , wHch approves the, PCD Planned Community District Program for the Property. A1'l of the terms and conditions of said Resolution are to continue n~ full force and effect, subject to the provisions of par.ag,raph 4(b.) herein, except such terms and conditions as are- modified, deleted or expanded by this Development Agreement, in which event, this Development Agreement is controlling, as to such modification, deletion or expansion.; and, Whereas Duffel has assured the City that it is the intent of Duffel through this project to be a "good neighbor" in the Petaluma community and to minimize any adverse impacts to the community by reason of the development of the Property. In accordance with these assurances, he. City, in good faith, desires to enter into this agreement to ensure that the ' expected level of development proposed: by Duffel and stated herein can be achieved insofar as the actions of the City affect this project; and, Whereas, pursuant to the rules and regulations of the City pertaining to development agreements,. public hearings on the application for this Developmen Agreement have been held by the City and 'the City has considered the request of Duffel that the City. enter into a development agreement; and; `Whereas, the City Council of the City has found that the provisions of -this Development Agreement are. consistent with its general plan, all applicable specific plans, and all other applicable policies and regulations of the City; and, 'Whereas, the parties desire to enter into a development agreement relating to' the Property pursuant to the provisions. of California Government Code Section 65864, et seq. and Petaluma Ordinance No. 1072 N.C.S., Article. 19.3;. and, ' EXHIBIT 1 !J ~ II ~I "-\ r Whereas, on ~ -~ . ~fi~'.er"~.r :!' ;. 1987; °ahe City Council of the City 1~~~ j adopted. Ordinance ATo. [r ~;~;% /',;1%~approvng this Development Agreement: with D':uffeT sand tfie Ordinance thereafter 't'ook effect. :;NOW, THEREFORE, the parties agree as :follows: . 1. Uses and Executory Undertakings . `The permitted uses of the property, the density of intensity of use, provision's for reservation or de'dic.ation of land for public purposes, and requirements for on-site and off-site improvements shall be as set for-th :in Exhibit D attached hereto and incorporated herein by this reference. The City hereby agrees to carry out fully those executory matters specified herein or in Exhibit. D to be carried out by the City. 2. Scope of Project. The paste's agree that the general nature of Duffel project (the "Project") is as defined in City of Petaluma Resolution No. 87-1;15 N.C.S. (and the exhibits thereto) approving the Planned Community Program for the property. 3. Subsequent Discretionary A'ct'ions of the City. The City and Duffel acknowledge that additional, permits and approvals are required to be issued by the- City prior to the cons"traction of the Project, including, but not limited to, the. appxoval of master and precise development' plans and design reviews for the individual phases of the Project anal the issuance of all necessary grading and building permits:. Conditions, terms, restrictions and requirements for subsequent discretionary actions by the City shall not prevent development of the land for th'e uses- and to the density or intensity of development set forth herein or' in Exhibit D hereto, and the City shall exerci_"se its discretion .in connection with such permits and 3 .~~.. , ,. ~:. _ .. .. ,; ~I P approvals in a manner which. is corns'istent wi h the terms., conditions and purpose of this Development Agreement. 4. Effect of: Development Agreement on Land Use Regulations. (a) Applicable Rules,. Regulations ~ and Policies: The .rules, regulations and official policies governing permitted uses of the Property, the density of improvements to be constructed upon the Pr. operty as apart of :the Project,, and the.', design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in .force at the time of the execution of this Development Agreement. (b) Additional Rules, Regulations and Policies: This Development Agreement does not prevent the City, in subsequent actions applicable' to the Property, from applying new rules, regulations and policies which do not conflict with those rules:,. -regulations, and policies applicable to the proper-ty as set forth in Paragraph 4(a) herein, nor shall this Development Agreement. prevent the City from denying or conditionally approving any subsequent Development Project Application, which proposes development of the property in a manner inconsistent with. the Master Plan, on the basis of such. existing or new rules, regulations, and policies. ' However, the fees for this project shall be those in effect at the time of application for- the appropriate permit or other entitlement. Y ~' (c)' Intention of Parties: It is the intention of the City and Duffel that this .Development Agreement `sh'all permit Duffel to proceed with the orderly construction of the Project without delay at the pace. specified in Paragraph 2 of Exhibit D attached her-eto, 'althou;gh Duffel shall. have the ', right, in its .sole discretion, to proceed, ,at a slower pace- than that specified EXHIBIT 1 in said .Paragraph 2, . subject to timely completion of the golf course as provided 'in Paragraph 10, .herein. Accordingly, this Development Agreement and. the rights of Duffel to ' complete cons ruction of the project pursuant to this Development .Agreement shall not be affected by 'an'y subaeg~u.en,t ordinance, resolution, policy, plan, or rule the effect of which would limit fhe number, size, or amount of residential buildings or other improvements which can .be constructed. during a particular period or periods of time or to prohibit or delay the construction, or the 'issuance ofsuch permits or approvals as may be necessary for the construction, of such buildings "qr. other improvements. for a .period or periods of time. ' The .foregoing limitation, however, will not. apply to a moratorium adopted either b,y the City Counc-1 or by initiative of the people which I'' moratorium is adopted to ,preserve the public health, safety .and welfare of the residents of the Cify of Pe aluma. However, any moratorium adopted by the City Council for purposes of General` Plan revision ,would not affect Duffel's rights under this agreement. i 5. Estoppel. The City recognizes and confirms that Duffel is entitled to reasonably expect that. this Development Agreement will induce action or r. forbearance of a definite and substantial character on the part of Duffel, that 'Duffel is entitled to rely on the provisions hereof, that based upon such reliance the position of Duffel may reasonably be expected to change in a very substantial manner. The City therefore agrees that Duffel and tale City are, :in .law and equity, estopped from denying the validity of this Development Agreement or any part hereof. at any future date.. 6. Enforcement. (a--) Agreement Enforceable:. 5 Unless amended or cancelled as ~XIIIB.T y provided in paragraph 8, this Development Agreement 'is enforceable by the. City or by .Duffel, notwithstanding a change 'in the applicable general or specific. paan, zoning, subdivision. or building regulations adopted by the City 'which alter or amend the ru°les, regulations or policies governing permitted uses of the Wand, density, design, improvement and construction standards and. specifications. (b)- Specific Performance.: The ,parties acknowledge that it is and will be impossible to measure in money any or all damages which may result to Duffel by reason of any failure on the part of, the City to perform any or all of its obligations under this Development Agreement. If, therefore, Duffe_l., or its successors or- assigns, shall institute any action or proceeding to enforce. the provisions of this Development Agreement, the City shall and .hereby does waive the claim or defense that Duffel 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 such remedy at law exists.. 7. Changes iri Law. In the event that state: or federal laws or regulations, enacted after this Development Agreement has .been entered into, prevent or preclude compliancewith one or more provisions of this Development; Agreement;, such provisions of this pevelopment Ag,reemen~t. ,.. shall be modified or suspended as may be necessary to comply witl such state or federal lawn or regulations. 8. Amendmen`ts;; Cancellation. This Development Agreement may be 4 amended or cancelled, in whole or in part„ by mutual consent of the parties hereto or their successors in interest. Notice of intention to amend or ~' cancel any portion of this Development. Agreement shall be given in the a ExxasiT s '' ,~ ~~_ -- !' manner p"nodded by California Gouerrirrien~t Co:d'e Section 65:867, and any i amendment to this Development Agreemen shall be subject to the provisions ~ ~ of Government Code Section b5867.5'. `9.. Periodic Review. The City shall review compliance with the terms, covenants and conditions of this Development Agreement at least once every twelve (T2) months, at which time Duffel, or any successor or successors in interest thereto, shall 'be required to demonstrate good faith compliance with the terms of this Development • Agreement. If, as a result of such periodic. review, the City finds and determines on the basis of substantial evidence, that Duffel or its successor in interest has not complied in good faith with terms or conditions of this Development Agreement, the City may '-in its sole discretion terminate or modify the Development. Agreement in order to best preserve the public health, safety and welfare.. 10. Duration. Subject to the rights of the City and Duffel to mutually' terminate this Development .Agreement as specified in Government 'Code 'Section 65858:., this Development Agreement shall remain in force -for a period of ten (10) years from the date hereof. However, in the event the golf course is not complEted within. four (4) years from the date of execution of this_ agreement, t'he agreement shall be null and void and of no further force and effect. 1.1. Extension of Time Limitations . The time limits set forth in this Development Agreement may be extended. ':by mu,fual consent of the parties. 12. Recordat-ion. Not later than ten (10) days after execution of this Development Agreement, the `Clerk o:f° the. City shall record with the Sonoma County Recorder a copy of this Development Agreement, including Exhibits A, B, C and D attached hereto and included .herein by reference. EY.ZiIIIIT y .. Ili f~ ' it I1, ~ 13. S:uceessors and Assigns.: This Development Agreement shall be binding upon .and shall inure to thee, benefit of the successors and assigns of the. parties hereto. However, Duffel shall not assign. this Agreement . without the prior written consent of the 'City, which consent shall not be unreasonably withheld. . 14. Attorneys' Fees an_d Costs. If legal action by either party is brought because: of breach of this Development Agreement or to enforce or interpret any- provision of this Development Agreement, the prevailing party shall: be entitled to recover, either in the ~ same or- a separate action, reasonable attorneys' fees and court costs from the other party. 15. Notices. All notices required or provided for under this Development Agreement shall be in writing and delivered in person or ,sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed' as follows John Scharer, City Manager City of Petaluma P. O. BOX. 61 Petaluma, California 94953 Notices required to be given to Duffel shall be addressed as follows: Ms. Hilde Harper Chan _ Duffel Financial & Construction Co. P. O. Box 7003 Lafayette, California 94549 ' A party may change the address by giving notice in writing to the~- ~ other party and th'ereafaer notices shall be addressed and transmitted to the ~ new address. 1~6. Relationship. Nothing contained in this Development Agreement shall be deemed or construed by the parties or by any third person to create a relationship or principal and agent or a partnership or a joint venture between the City and .Duffel. or between either of them and any third party". 17. Captions, Number and Gender. The captions appearing at the commencement of the paragraphs an,d subparagraphs hereof are descriptive only and for co.nven`ience in reference. Should there be any conflict `between, such caption ,and th'e parag-raph or subparagraph at the head of which it appears, the. paragraph or subparagraph and... not such caption shall control anal govern the construe ion of this Development Agreement. Unless the context otherwise requires., singular nouns and pronouns used in this D.:evelopment Agreement are to be construed. as including the plural thereof. Dated: CITY O'F PETALUMA ,/~ . ;~ _ B Mayor ~' City ~fariager DUFFEL FfiNANCIAL & CONSTRUCTION CO. By . Its - By Its By _ _._ Finance Director B y ~/~u~ ~/~~ Planning Director APPROVED AS TO FORM: C tt ~rney ATTEST: By ' y Clerk- muirwoods>. dvmp.;t . a gr /LAW 10 9 ~xx~s.~ 1 Rll that real 'property'situate in the City of Petaluma county of 'Sonoma, sta a of. Calfforriia, described as folloers; PARCEL ONE: PARCEL 1, as shown upon. Parcel Map.No. 7.9:50, fled January 30, 1984 in Book 3S3 of Maps, pages 36`, 37, 3S and 39, Sonoma County Records. EXCEPTING therefrom that. portion contained in the Deed to the City of Petaluma., recorded~Februar_y 8,;1985 as Document No. 85-00:8420:,' Sonoma County Records; being a strip of land. 3~ feet ;.n~ width lying on the Northerly side of Ely Road 'between Casa Grande Road and the Easterly Tine of the within described parcel; 'also beginning at a .curve concave to,th`e Northeas having a radius of 30,0.0 feet.:; thence Northwesterly and Northeaster y along said curve through a central angle: of 90. 13' 35'° for a length of 47.24 feet to the end of cuzve; thence North 54' 17' 11 "West 4.00 feet; thence South 35. 42' 49" West 33.14 feet to a point. A.P. No. 17-050-07 PARCEL ZWO: BEING a portion of Lot 239 and :Lot 254 of the Subdivision of the Western portion of the °Petaluma Rancho" as shown ~ Rowe°s Map of said Subdivision recorded in Book 8 of Official Records, page 15>, Sonoma County .Maps, and parteularay described as follows; BHGINNING at a 1-inch pipe marking the Southeast corner of Lot 239; .thence North 35' 38' East, 2023.0 feet along the Nor thWesterly line of the Frates (County) Road. to a l/2 inch pipe;- thence North 'S4.' 32' West, 1076,,7 feet to a 1/2 inch .pipe.; thence South 35` 38' West 2023.0 feet to a 1/2 "inch pipe on the A~ortheasterly lfne of the Ely (County) Road; thence along the said line of the Ely Road, South 54" 32' East, 1076.7 feet to the point of beginning. ° EXCEPTING THEREFROM that portion contained in .the Deed to the C y of Petaluma., recorded Pebru.ary 8, 1985~ss Documen"t No. 55-008420,;' Sonoma County Records; "being .a strip of land 3 feet in width lying on the. Northerly side of Ely Road between Prates Road and' the Westerly line of the wi hin described property,; ,also beginning at a curve concave to the Forth having a;radius of 30:.0:0' feet; thence; Southeasterly and Northeasterly along said curve through a central angle of 89. 5l' 05° for a length of 47.05 feet to the. end of curve; thence South 3!5" 38' 08" West, 32..9.2 feet to a point. A.P. No. 17-Ob0-OB COMPARED ° 1 _ Resol°ution No g7=~~5, N.C.S. of the City of 'Petadurrma, California A. RESO:LUT.ION APPROVING THE PCD PLANNED COMMUNITY DISTRICT PROGRAh4 FOR MUIRWOOD GOLF AND COUNTRY CLUB LOOTED ON SOUTH ELY BOULEVARD BETWEEN FRATES ROAD AND CASA GRANDE '-ROAD WHEREAS., by Ordinance No.168~ N". C.S., the area represented by the Assessor's Parcel Numbers 17-0;50-07 and 08 was. rezoned to Planned Community :District (PCD) and' FPC (Flood Plain Combining). 'NOW, 'I'iaEREFORE, BE SIT RESOLVED that the Planned Community Program herein attached as Exhibit A is hereby approved pursuant to Se - coon 19 703 of Zoning' Ordinance. No;. 1072 N.C.S., as amended; and, BE IT FURTHER _. RESOLVED that- the City Council hereby adopts the findings of the Planning Commission, as its findings as set out hereinafter: 1. That. the Muirwood. Golf and Country Club project, as conditionally approved, is' is substantial harmony with the General Plan of: the City of Petaluma, and can be coordinated, with existing and planned development of the surrounding areas. Z. That. .the interior streets, as coadtonallp approved and existing streets to be improved concurrently with the. project, are generally suitable and adequate to serve the proposed uses- and the anticipated traffic which will be generated", thereby.. 3. ~ ~ That information. submitted with "the application establishes that: a. Development of. the PCD will be- initiated' within a reasonable time by subsequent rezoning to ,(PUD') Planned Unit Development and by submission of any prerequisite application- under the City'S Growth Management Ordinance. 'b . Said PCD will con"sttute; a residential development of sustained . desirability and stability;. that it will be in harmony- with the :character of the surrounding area. K.•s Vu~.. 1~1:J.........N.C.S 9,.. ~.,,.wr-. ~~~,e . _ y.ia ,i ~ . a I ~ 4. .That development of the- 18-hole golf .course will be appropriate in area, location. and overall ~, Tannin to the u p g p rpose intended; and that 'such development will be in harmony with the character of the surrounding. areas. 5. That municipal water delivery and storage improvements serving this project: are intended to serve this site and areas of southeast Petaluma. within the City's adopted. Urban. Liaut Line only and that any future extensions from these improvements to serve other areas would be an infringement of the policies of the City with- respect to urbanization in southeast Petaluma. BE IT FURTHER RESOLVED that the City Council. ,hereby approves the Planned .Community Program attached hereto as Exhibit "A" subject to the following conditions:. 1. Total residential ,portion of the project shall not exceed 5Z? units. Unit mix shall be determined upon PUD rezoning for residential. portion of the project. 2. Application to the County fora Conditional Use Permit for golf course shall be undertaken prior to submission of specific residential development plans.. 3. All improvements to the existing municipal water- service system deemed necessary bq the. City .Engineer to provide adequate domestic .ann. fire flow service consisting of the Petroleum Avenue aqueduct connection and Zone 4 water system as .described 'in Brown and. Caldwell's Water Capacity .Study (.Master Plan). shall :be completed concurrently with the required public 'improvements. prior to the issuance of development permits for residential units..: Project may be City-funded with casts repaid by area-wide Wafer Connection Fees which would include this project. 4. Prior to .commencement of improvements, the proposed golf course except the .general configuration anal 'layout of the fairways themselves R~~4.?~- 7I ~NCS 3 shall be subject to review by SPARC. Golf course improvements including grading., :installation of` irrigation sgstem, trees and lakes, seeding of lawn areas shall have commenced' prior to the issuance of any development. permits for the residential portion of the project site. 5. Prior to the issuance of any development permits for the. residential onion of the p proposed project, the residential portion shall. be subject. to review tfirough the PUD rezoning process. This process shall inciud'e the Golf Course portion.. 6. The project ..improvement plans shall ;provide an easement to ! accommodate the Sonoma County Water Agency Master Drainage Plan east-side bypass or developer shall provide an alternative eastside bypass route outside the project area acceptable to the City and Sonoma Count Water A enc Y g y. Improvement of the bypass across the project .site- or; if approved, in an alternate location shall be completed. prior to, issuance of any buildirs;g permit- for the final 100 residential units or within five years from the .date of this resolution., whichever comes, first if sufficient information regarding the design and construction of the bypass is available. 7. Open space/scenic easements shall be created over the entire golf • courser development area, subject to approval. of City Council. 8. Frates Road shall be improved along the project frontage within, the City Limits, subject to approval of appropriate agencies., concurrently with public improvementa accompanying any residential development on the project. site: Improvements shall include transition lanes, left turn stacking' lanes and right turn acceleration and deceleration Lanes as approved by appropriate agencies. 9. Casa Grande. shall be improved concttxrently with public. improvements accompanying .any residential development on the project site as follow"s : 1) the east end bf~ the existing Casa deI Oro subdivision to EIy Boulevard subject to approval through the PUD ,review process ~ improvement shall include provision of landscape median and full east ~~~®. ~' '~ - T 1 .. j1j J CS u ,~ C I 4 bound roadway improvements. 2) Median' andscaping island and full arterial. improvements east and west bound shall be provided for approximately 300 feet east° from Ei :Boulevard, 3) transitioning to 40 foot section from 300 feet, east of ETy subject to approval through the PUD rezoning. process to Gty limits., design appropriate to the adjacent golf course. 10. IIy Boulevard. shall' be ..improved concurrently with. -public improvements accompanying any residential development on the project site to provide Loop street access to units- which front toward IIy Boulevard. Project design shall minimize direct driveway access to Ely Boulevard South. A landscaped median strip separating, Ely Blvd. ~ from the '.interior loop. streets shall he provided, :s:~~ ffi~~-+P~t ~ provide full visual screening of Ely Bivd.. from homes, subject to approval through. the PUD review process. 11. Iaterior road design shall provide landscaped medians at entry points and .intersections,, landscaped cul-de-sar islands., street. tree planting strips adjacent to curb line plus appropriate p.edestriaa/bike pathwags subject to -approval through the -PUD review .process. 12. Developer shall participate in a fair-share contribution for offsite intersection signalization, a§ deemed necessary by the City Engineer, for Casa Grande Road/Ely .Boulevard South, Frates Road/IIy Blvd. South and Casa Grande Road/South McDowell Boulevard. I3. -Project shall contribute a fair share ;contributions of $350,000.00 for Lakeville Highway Assessment District as Traffic Mitigation Fees. . Timing of contribution to be determined:.by the City Manager, but in no case shall 'be due any Iater thaw 'the :i'ssuance of the' four hundredth residential building permit.. 14. As an element of the PUD submission package, architectural guidelines shall :be prepared and submitted for review and approval with respect to building design,. materials., etc. 5 15. As an element, of the PUD submission .package, development standards shall be .prepared and submitted for revieav and approval that. address building .height limitations, parking requirements, structural setbacks, future- additions, garage conversions, etc. 16,. As an element of the PUD sub"mission package, .development .standards shall be~ prepared and submitted for review and approval that provide design ~ stanciarcis for entry gateways, . peripheral and internal street frontages, landscaping for individual :residences and multi-family complexes, screening., rear yards of residences facing .fairways and enhanced great"went for City gateway area (Frates Road) . 17. Pedestrian/bike. access and, pathways shall be provided along the. perimeter of the development outside the :Golf Course proper but away from edge `of pavement and through the residential, portion of the projects site as' deemed appropriate through the PUD review process. 18. The project shall comply with al3 applicable flood mitigation requirements adopted 6y the City Council as contained in Zoning Ordinance Article 16 and Municipal Code, Chapter 17,30 °Storm .Drainage Impact Fee" . All improvements and grading.. shall comply with th'e Sonoma County Water Agency's Design Criteria. 19. Developer shall .use. wastewater irrigation application for the golf course. areas subject to; .review and approval of City Engineer and - appropriate agencies. 20. Golf course clubhouse uses shall be: subject to review through the PUD" rezoain'g process. 21. Adobe Creek shall be maintained is a natural state and provision made to accommodate flood flows. Enhancement. of natural vegetation and channel improvements shall be subject to review through the PUD rezoning .review process . .V(~c 6 22~. Approp"riate mechanisms. shall be developed for maintenance of all landscaping aaithin th'e public rights-of-way,' common private areas and golf course and shall be subject to review and. approval through the PUD rezoning. review *~rocess. 23. The project shall. besubject to review and approval of the Sonoma County Airport- L;aad Use Commission and shall comply with all regulations pertaining to th'e airport land use policq. 24. The project developer shall be required to pay low and moderate income .housing; in-lieu fees of an amount; to be determined according- to the .schedule established by Citp Council Resolution No. 84-199 N.C.S. , or make alternative arrangements to meet the low and moderate income housing provision requirements of the Housing Element .subject to app 'royal of the. City and prior to approval of the Final Map'. 2'S . Thee :developer. shall b'e -required to pap- school facilities impact fees to the Old Adobe School District per State or local regulations in effect at time of btulding permit issuance. ` 2'6. Any .signs erected to advertise the project shall ..meet the requirements of the City sign ordinance and obtain a sign permit from the City prior to installation.. 27. Water conser-vation measures shall be incorparated~ into project :design, subject to review and approval through the PUD rezoning review process.:. 28. The developer and the City shall prepare and execute a Development Agreement to further detail and define, the rights and responsibilities of the. 'City and developer wsth regard to this project. Said agreement shall. be submitted for Council approval prior to issuance of any residential building; permit. ~~Sv ~~ " i •- - 3'' ~NCS 7 29: The Development Agreement: .shall, .among other issues, define the degree of public access to the golf course.. It is the intent of the City that ~ there shall be public access to the golf course. B E IT FURTHER .RESOL:VED that the:. City Council finds that the ' requirements of the California Environmental Quality Act. Guidelines, Section 15083 have been. satisfied . and hereby incorporates by reference the Environmental Impact ,Report certified by the City Couucii in 1985. reso . murwood . p cd reso:? Under;the power. aad, acthoaty conferred npoa this~ConncsT by five. Chaster of Reid Ci~q. REFERENCE: i' ~~9 certify tl~ to:egoiiaa Fteeaiuticn,wae iatmtluoed aad adapted by tlve App as to ConaaZ of tine City at.Petalnm~ a$-a (Regular] (Adjaamed) wag to as the 27th ~ et Agri „ 198.2_. by the folIowmg vote: AYES: Davis; Sobel', Woolsey, Cavanagh, Ba3shaw., Vice Mayor Tencer, Mayor Hilli~os NOES: 0 ABb'EIVT:' 0 ,,•~~,,,Qp~(' ATTEST: ! .. _ ~/J~J .City CIerlc ~yar -- ~t ~ EXHIBIT D. MUIRW:00'D GOLF & CO'UN'TRY CLUB PROPERTY .. 1. Permitted Use of Property: T:he Property sha11 be developed in accordance with the PCD ('Planned Community. District) , Plan, approved by i Resolution 87-115. NCS, dated April 27, 1987, and attached hereto as Exhibit C, or as amended., and the subsequent PUD Planned Unit De~elflpment ' Development .Plans as may be approved per condign 5 of said resolutifln or i as amended. The maximum number of residential. dwelling units permitted •, within the project shall not exceed. 5.27. The number and type of units shall be explicitly determined upon. the rezoning of the residential areas. 2. Project Phasing: Prior to issuance of any Occupancy Permit for residential dwelling units, golf course rough grading :must be completed and additional golf course improvements including finish grading, installation of irrigation , potable water and wastewater. sy. stem , installation of .trees and seeding of lawn .areas .shall .becomplete. At Duffel's discretion, grading, ~, - for residential areas s"reet and. `]ot improvements and home construction may occur simultaneously with additional improvements to .golf course, and. upon satisfaction. of 'all other relevant. conditions. Duffel hall be permitted t~ construct up t~ one hundred (100.) residential dwelling units in each calendar year` commencing in the year the additional golf course improvements as described above are determined to have commenced. } If the construction of less thane. one hundred (100) residential dwelling units is commenced in any gver_ calendar year., the difference ,. - .. i f ~~ between.. the. number actually constructed and one hundred (100); may; at ~~ Duffel's discretion:, be commenced in the following calendar years (s) . This • right w11 be cumulative. in each calendar year, and will not be. ]s~st if not ,. exercised. by Duffel in any given calendar year. In no case, however, shall Duffe:I "request or be granted CertificatES of Occupancy in excess of two hundred .(200) units in a single calendar year. As used herein,. the terms. "Occupancy Permit" and "Certificate of Occupancy" shall mean. the Certificate issued by the City of Petaluma ~, Building Division which bears the signatures of representatives. of the Fire and Public Works Departments, Planning Division and Building Division which comprises the official :release of a dwelling unit or other building for occupancy or use. u As' used herein, the term "Development Permit" shall mean any permit which is issued ~ by the City of Petaluma Building Division and is required for actual construction of a residential dwelling. Commonly, the first such permit issued. is a foundatifln permit. 3. Public Improvement Off. Site: Improvements to (1) Ely Road (i.e. , Frontage Road) , (2) Fraf~s Road .including an off-street pedestrian/bicycle ,path., and (3) Casa Grande Road, including an off-street ,pedestrian,/bicycle .path, shall be completed prier to occupancy of any residential units`. The design of all of those improvements shall be subject to ,City ag:proval. Other off-site public improvements shall be completed as appropriate and needed to serve .respective residential areas or the golf course as they are developed, subject ~ City staff determination, unless otherwise speeif~cally noted herein . 2 At the Gty's discretion, Duffel may be required to provide underground conduit .to the City's; specifications to accommodate future signalization at the Ely./Prates and_ Ely/"Casa Grand .intersections as part of Duffer's improvements. 4. Dedications and Restrictions of Easements: An agreement creating a scenic/open space. easement, ubject to the approval of the City, and Sonoma :County covering- the entire golf; course' portion of'.the project except the club house/activity area .and maintenance yard area shall be prepared and recorded prior ~ issuance of any "Development Permit" for residential dweiliig urLits. A drainage easement sufficient to accommodate the Sonoma County Water Agency's proposed East-side. Bypass shall be provided, subject. to the approval of the City-, unless an alternate off--site location is determined to be acceptable to the City and the Sonoma County Water Agency. This easement shall be described and recorded together with the first final subdivision map or 'parcel map. If this. easement subsequently is found by the City and Sonoma County Water Agency to be unnecessary, said easement .shall be relinquished. As determined by the City, access easements will. be required. for off-street pedestrian/bicycle paths paralleling Prates and Casa Grande Roads. Additional dedications .and reservations of easements to accommodate streets and c7ttxer public improvements wi.71, at the City's discretion, be required as part of normal land division review/approval process:. 5. Special _ Assessment Districts: Duffel -shall be responsible for establishment of landscaping and lighting maintenance clist ric-t, subject to 3 ~~ ~~ n ,, h ;; ~., the City',s approval, for maintenance of landscaping and associated ~ mprouement to' public rights-of-way as required. Said clistrie-t shall be established: priDr to c1DSe of escrow of. first residential. dwelling unit. i~ Other special, assessments .may . be~ ° required as specifically provided herein : . 6. Fees: Duffel, shall be responsible 'for the following fees; (a) Park an'd Recreation Improvements. -- Duffel, on a per residential dwelling unit basis, shall be subject to payment of two-fifth (2/5) of the applibable park and .recreation improvement fees, as established by the Petaluma Munira.pal Code in effect at the time of approval of each tentative map . (b) School Impact -- Duffel. shall be subject to full school impact fees as determined by the affected school dstsiLt(s) . (c) Flood. Mitigation -- The residential. and golf course .club house/activity areas and maintenance yard area shall. be subject to all applicable flood mitigation -fees, as established by the Petaluma Munir,~il~a1 Code in effect at the. time of each final map approval for residential areas and building permit fpr golf course club: house/activity area and maintenance yard . (d') Community FaciTitses Development -- T;he residential and golf course club house/activity areas shall be ..subject. to community development fees, as established by the Petaluma Municipal Code in effect at the time of building permit issLance. The golf course area shall be exempt from said fees pursuant to Petaluma Municipal :Code. Section: 17.14.020 (c) (4) as long as its operational characteristics continue to comply with the provisions therein . 4 .. ~' ~ ~ w i ~~ h (e) In Lieu- Housing -- Duffel shall pay low :and moderate housing in=lieu fees in an amount to be determined pursuant to the schedule established. by Petaluma :City Council Resolution No. 84-199 N . C . S . , or as amended or shall make alternative arrangemerits~ to meet the .low and moderates income. housing provision requirements of the Housing Element of the Petaluma General Plan, said alternative arrangements to be subject to the approval of the City Council. prior to approval of each final subdivision map . (f) Traffic Signal Mitigagn -- the project shall pay traffic signal mitigagn fees for the fo]1Dwing intersections in the amounts indicated Casa Grand/Ely $ 2, 794.92 Fly/Fratss: $41,953.13 Casa Grande/S . McDowell $ 5,'595.70 (g) Traffic Mitigation -- In satisfaction of Condign 13 of the P C D , 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 trip fvr the golf course club house/activity area, [Total number of trips estimated fA be 250] . Such fees to be calculated and paid at the time of issuance of building permits. .The aetu'a1 fee paid. 'for each residential. unit shall be calculated as follows: Ten percent (10~) of the. fatal cost of Lakeville. Highway Roadway Improvements not including sound wall minus mitigation 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 mitgagn fee payable by Duffel hereunder or otherwise on. account of the project exceed six. hundred ninety thousand Do]lars ($690,000.00) . 5 n l r~ t i ~i ~. I~. 7',. Coordination: with Sonoma County: The City shall coordinate with the County to :expedite approval of the: use permit and any other approval required by Sonoma County for the ,portion of the golf course which lies within. County jurisdiction City shall coordinate with the County to expedite any necessary approval by the Sonoma County Airport Land Use Commission (ALUC) . 8 . '.Public. ,Access : It is the intent of. the City and. Duffel that the Muirwood Golf Course be .open to public play. Accordingly., Duffel (and its successors in interest in ownership, of the Golf. Course) shall operate the Golf Course in a manner which is consistent witht he operation of semi private 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 similar fees charged to the public. Notwithstanding the foregoing, 'Duffel (and its successors) , at its options, may provide to purchasers of residential units within the Muirwood project such .golf course .privileges as pr-eferred starting times, .reduced green fees, resident cart. privil~;ges 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 lmita'd number of golf patrons., on a non-discriminatory 'basis, b,ut~ in providing such additional privileges; the majority: ,of available daily tee. times will. remain open for public play. As used herein the term " semi private club" shall mean a golf course that is open to' pub].i~ play in varying degrees, as prescribed by management. ''ThLS type of course is established ~ operate as a successful business venture. Its operating policy 'is geared.. to return the. best net profit to the. .,proprietors. These .courses may or may not have member 6 ~, :: privileges, but in all. instances .rely on some degree: of publb fee-paying i patronage . 9. Clubhouse: A. Duffel shall construct' a club. house facility of i no less than two thousand' (2,000) square feet, which shall include a pro ' shop, snack bar and bar lounge for service of alcoholic beverages. Duffel shall also construct a cart `barn to house a _ minimum of sixty golf carts. B . Furthermore, Duffel agrees ~to construct future golf facilities, including a restaurant and banquet hall, of not less than 15,000 square feet. In case Duffel does not complete said facilities within five years from the- date this develDpment agreement is executed, Duffel agrees to dedicate a one acre site t~ the City of Petaluma in the area designated "pro shop and club house" as shown in Exhibit B within thirty (30) days of the fifth (..5th) anniversary of the execution of the agreement. The area to ~. be set aside. for future construction of additional club house facilities shall be in addition to the golf course facilities .described in Paragraph A. '~ Above . All club house fatalities shall have access to and share the planned: parking- areas. 10. ~inlastewater Irrigation:: Duffel .shall use the City supplied treated wastewater to. irrigate those -areas of the golf' course deemed acceptable by those agencies' having jurisdu-tion over the use of wastewater for irrigation purposes. Duffel shall execute a binding agreement which shall run with the land to isse such wastewater .for a period of fifty (50) years. Said agreement shall. specify conditions of use' of wastewater. The god course operations shall bear all pumping costs incurred annually ' to deliver the wastewater ,tea the site. 7 r l .. i The City w71 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 try Casa .Grande Road for future extensiDn of the transmission line for the. wastewater. The 1DCatinn of ~airi '~ easement to be determined at the time of final design . 11. Water: Prig to the issuance of any residential building permit or '~ clubhouse permit in the area .designated'. as a Development. Constraint Area (D C A) on the Planned Community District (P C D) [Exhibit. C ] the i improvements to the 'Petaluma Municipal Water System necessary to provide the required water pressure to the D C A shall have been constructed . The City agrees to commence the design and engineering of the required water improvements upon executiDn of this Development Agreement and to proceed: with. the construction forthwith. These water improvements are generally described a's Southeast Pressure Zone IV in the adopted Water Master Plan of the City.. The City shall form a benefit area, of, which the Muirwood development will be' a part, to fund a portifln of the benefits. Duffel agrees to pay its_ fair share of the required .improvements on a prorated per unit basis at the time ~of payment of the: water connection fee. ].2. Storm Water Bypass: Duffel shall construct that. port~n of the Sonoma- County Water Agency Proposed. -East-Side Bypass (the "Bypass") that is on the property. It is understood that the precise plans and specaficatinns .for said Bypass are not determined at this. time, and, therefore., Duffel. is 'not required to construct, the Bypass until either the City or the Sonoma County Water Agency have developed those plans. If Duffel wishes to construct more than 400 residential units within the project, it .shall deposit with. the City of sum of $885, 000 cash (per MacKay 8 ~I '`.-r G,.; , i~ I'~ i, 0 !' & Somps preliminary cost estimate plus 20~, dated. May 28, 1987) at the tune that development permits are issued_ ~r the 401st residential unit within' the project, which funds shall be' maintaiized in a separate, interest bearing account, with .interest earned thereon payable to Duffel. If .plans and pecfications for the Bypass are not completed and available to bidders within f~be (5) years from the datie the golf course opens for play, then Duffel shall be released from: the obligation to construct the :Bypass, to make the deposit, and from. any other obligations with respect or pertaining to the Bypass, except reservation of an easement per Section ~ 4 of this Exhibit. If :Duffel has made the deposit, then the deposit, together with the interest earned thereon , shall be returned to Duffel upon the expiration of said period of time. It is understood that >t is possible that the Bypass may be designed in an alternate location off the property:, in which ease Duffel shall not be obligated to construct the Bypass or any part. thereof but, upon issuance of the. development. permit for the 401st residential. unit, it shall deposit $885,.000 in cash in the manner', and to be held as spec~fisd above. If plans and specifications for this. alternate Bypass are not ~ completed and available to bidders within five (5) years from the date the I i golf ` course opens for play then Duffel shall be released from the ob]igation to make the deposit and from any other obligatiDns. with respect or pertaining to the alternate bypass. If Duffel has made the deposit, then the deposit, together with interest earned thereon,. shall be returned to Duffel upon the expiration of said period of time. muirwood, golf club.. AGRMT . 9