HomeMy WebLinkAboutOrdinance 1706 N.C.S. 12/07/1987�® Gal
JAN 6 1988 i
Introduced by:
Larry Tencer
ORDINANCE NO. 1706 N.C.S.
Seconded by:
Vice Mayor Woolsey
AN ORDINANCE OF THE CITY OF PETA"LUMA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PETA-LUMA AND 'DUFFEL FINANCIAL AND CONSTRUCTION
CO. FOR THE MUIRWOOD GOLF AND COUNTRY CLUB PROPERTY
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
Development
Agreement
between
the City of
Petaluma and Duffel Financial
and Construction Co., a copy of which Agreementis 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 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
the City of Petaluma.
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF PETALUMA
A MIJ
DUFFEL FINANCIAL AND CONSTRUCTION CO.
FOR
MUIRWOOD GOLF & COUNTRY CLUB' PROPERTY
THIS DEVELOPMENT AGREEMENT is. made. and entered into as of
1987, by and between the CITY OF PETALUMA, a
mun-icip,al corporation (the "City") , and DUFFEL FINANCIAL &
CONSTRUCTION CO., a California corporation ("Duffel").
RECITALS
Whereas, California Government; Code Sections 65864, et seq.,
authorize the City to enter into binding; development agreements with any
person having a legal or equitable interest in real 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.S,., Article 19.3, rules and regulations
establishing procedures, and requirements for the consideration, approval
and execution of development agreements; and,
Whereas, Duffel is the owner of that certain real property (the
"Property'11) commonly known as the Muirwood Golf and Country Club
property., located in the City of Petaluma, County of Sonoma, State 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
herein,,. which approves the. PCD Planned Community District Program for
the Property. A1'1 of the terms and conditions of said Resolution are to
continue in- full force and effect, subject to the provisions of paragraph
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, the.
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
Development 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 ispecific. 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,
Whereas, on ;, 1987; the City Council of the City
adopted Ordinance No. [r �;;% /',;1 %approving this Development Agreement with
Duffel and the Ordinance thereafter 'took 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
dedication of land for public purposes, and requirements for on -site and
off -site improvements shall be as set forth :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 parties agree that the general nature of
Duffel project (the "Project") is as defined in City of Petaluma Resolution
No. 87-115 N.C.S. (and the exhibits thereto) approving the Planned
Community Program for the property.
3. Subsequent Discretionary Actions of the City. The City and
Duffel acknowledge that additional, permits and approvals are required to be
issued by the City prior to the construction of the Project, including, but
not limited to,, the, approval of master and precise development plans and
design reviews for the individual phases of the Project and 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 the uses and to the density or
intensity of development set forth herein or' in Exhibit D hereto, and the
City shall exercise its discretion in connection with such permits and
I'
approvals in a manner which is consistent with the terms, conditions and
purposes 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 Property as a part
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
applicableto the Property, from applying new rules, regulations and
policies which do not conflict with those rules:, -regulations, and policies
applicable to the property 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 shall permit Duffel to proceed with
the orderly construction of the Project without delay at the pace. specified
in Paragraph 2 of Exhibit D attached hereto, 'although 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 construction of the project pursuant to this Development .Agreement
shall not be affected by any sub:sequen.t ordinance, resolution, policy, plan,
or rule the effect of which would limit the 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 of esuch permits or approvals as may be
necessary for the construction, of such buildings or other improvements for
a period or periods of time.
The foregoing limitation, however, will not apply to a moratorium
adopted either by the City Council —or by initiative of the people which
moratorium is adopted to preserve the public health, safety and welfare of
the residents of the City of Petaluma. However, any moratorium adopted
by the City Council for purposes of GeneralPlan revision ,would not affect
i
Duffel's rights under this agreement.
5. Estoppel. The City recognizes and confirms that Duffel is entitled
to reasonably expect that. this Development Agreement will induce action or
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
the 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:.
Unless amended or cancelled as
G1
�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, plan, zoning, subdivision. or building regulations adopted by the
City which alter or amend the rules,, 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 damage's 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, Duffel., 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 in
Law.
In
the event
that state or federal
laws or
regulations, enacted
after
this
Development
Agreement has been
entered
into, prevent or preclude compliance 'with one or more provisions of this
Development; Agreement;, such provisions of this Development Agreement.
shall be modified or suspended as may be necessary to comply with such
state or federal lawn or regulations.
8. .Amendments;; 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
EXHIBYT Z
manner p"rodided by California Government Code Section 65,867, and any
amendment to this Development Agreement shall be subject to the provisions
of Government Code Section 65867.5'.
9.. Periodic Review. The City shall review compliance with the
terms, covenants and conditions of this Development Agreement at least
once every twelve (12) months, at which time 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 mutual consent of the parties.
12. Recordation. Not later than ten (10) days after execution of this
Development Agreement, the Clerk of' 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.
EXJ IBIr"
y
13.
Successors and Assigns.:
This Development
Agreement
shall be
binding
upon and shall inure toi the
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 and
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 marl, 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
Duffed 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 thereafter notices shall be addressed and transmitted to the
new address.
16. 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
E%HIBIT Z
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 and subparagraphs hereof are descriptive
only and for convenience in reference. Should there be any conflict
between, such caption ,and the paragraph or subparagraph at the head of
which 'it appears, the. paragraph or subparagraph and.. not such caption
shall control and govern the construction of this Development Agreement.
Unless the context otherwise requires, singular nouns and pronouns used in
this Development Agreement are to be construed as including the plural
thereof.
Dated:
CITY OF PETALUMA
B
Mayor
By
City ariager
By _
Finance -Director
By
Planning Director
muirwoods>. dvmp.,t . a gr / LAW 10
DUFFEL FINANCIAL &
CONSTRUCTION CO.
By
Its
By
Its
APPROVED AS TO FORM:
Ci tt 6rney
ATTEST:
By
y Clerk-
9 �xx�s.T 1
HIBI'1' A
All that real 'property situate in the City of Petaluma county of Sonoma,
state of. California, described as follows:
PARCEL ONE:
PARCEL 1, as shown upon.Parcel Map -No. 7950, filed January 30, 1984 in Book
353 of Maps, pages 36`, 37, 38 and 39, Sonoma County Records.
EXCEPTING therefrom that. portion contained in the Deed to the City of
Petaluma, recorded�February 8,:1985 as Document No. 85-008420, Sonoma County
Records; being a strip of land.I 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 -the Northeast having a
radius of 30.0.0 feet; thence Northwesterly and Northeasterly along said curve
through a central angle of 90. 13' 35 for a length of 47.24 feet to the end
of curve; thence North 54, 17' 11" West 4.00 feet; thence South 35. 42' 49"
West 33.14 feet to a point.
A.P. No. 17-050-67
PARCEL TWO:
BEING a portion of Lot 239 and Lot 254 of the Subdivision of the Western
portion of the °Petaluma Rancho" as shown on Rowe's Map of said Subdivision
recorded in Book 8 of Official Records, page 15., Sonoma County.Maps, and
particularly described as follows; BEGINNING at a T-inch pipe marking the
Southeast corner of Lot 239; thence North 35' 38' East, 2023.0 feet along the
Northwesterly line of the Prates (County) Road. to a 1/2 inch pipe;- thence
North '54.• 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 Northeasterly line 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 City of
Petaluma, recorded February 8, 1985~as Document No. 85-0084,20,;' Sonoma County
Records;°being .a strip of land 3 feet in width lying on the Northerly side of
Ely Road between.Frates Road and the Westerly line of the within described
property,; ,also beginning at a curve concave to the Forth having a xadius of
30:.0.0'feet; thence; Southeasterly and Northeasterly along said curve through a
central angle of a9' 51' 05" for a length of 47.05 feet to the. end of curve;
thence South 15" 38' 08" West, 32.92 feet to a point.
A.P. No. 17-050-08
COMPARED
.'3
1 _
Resolution No _ az=i; , N.C.S.
of the City of 'Petadurna. Califomia
A. RESO:LUT.ION APPROVING THE PCD PLANNED COMMUNITY
DISTRICT PROGRAM FOR MUIRWOOD GOLF AND COUNTRY CLUB
LOCATED ON SOUTH ELY BOULEVARD BETWEEN FRATES ROAD
AND CASA GRANDE 'ROAD
WHEREAS, by Ordinance No.1684 K. 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, T-HEREFORE, BE IT RESOLVED that the Planned Community
Program herein attached as Exhibit A is hereby approved pursuant to
Section. 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 Murwood. Golf and Country Club project, as conditionally
approved, is in substantial harmony with the General Plan of: the City
of Petaluma, and can be coordinated, with existing and planned
development of the surrounding areas.
2. That the interior streets, as conditionally 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 constitute, a residential development of sustained
desirability and stability; that it will be in harmony. with the
character of the surrounding area.
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4. That development of the 18-hole golf . course will be appropriate in
area, location and overall lannin to the
p g Purpose 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. Limit 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 527 units.
Unit mix shall be determined upon PUD rezoning for residential portion
of the project.
2. Application to the County for a 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 by the. City Engineer to provide adequate domestic and 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 costs
repaid by area -wide Water Connection Fees which would include this
project.
4. Prior to commencement of improvements, the proposed golf course
except the general configuration and 'layout of the fairways themselves
RES4.R-- 1,1 SNCS
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shall be subject to review "by SPARC. Golf course improvements
including grading., installation of irrigation system, 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
portion of the
p proposed project, the residential portion shall be subject.
to review through the PUD rezoning process. This process shall
include 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 Agency. 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 building 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
course 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 improvements 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 concurrently with public improvements
accompanying any residential development on the project site as
follow-s : 1) the east end of the existing Casa del Oro subdivision to
Ely Boulevard subject to approval through the PUD review process'
improvement shall include provision of landscape median and full east
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bound roadway improvements. 2) Median landscaping island and full
arterial improvements east and west bound shall be provided for
approximately. 300 feet east from Ely: Boulevard, 3) transitioning to 40
foot section from 300 feet, east of Ely subject to approval through the
PUD rezoning process to City limits., design appropriate to the adjacent
golf course.
10. Ely Boulevard shallbez improved concurrently with public improvements
accompanying any residential development on the project site to
provide loop street access to units which front toward Ely 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, :sufficwmt to provide full visual
screening of Ely Blvd.. from homes, subject to approval through the
PUD review process.
11. Interior 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 pedestrian/bike pathways
subject to -approval. through the PUD review .process.
12. Developer shall participate in a fair -share contribution for offsite
intersection signalization, as deemed necessary by the City Engineer,
for Casa Grande Road/Ely Boulevard South, Frates Road/My Blvd.
South and Casa Grande Road/'South'McDowell Boulevard.
13. Project shall contribute a fair share ;contribution 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 later than 'the Issuance 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.
15. As an element, of the PUD submission package, development standards
shall be prepared and submitted for review and approval that address
building height limitations, -parking requirements, structural setbacks,
future additions, garage conv-rsions, etc.
16. As an element of the PUD submission package, .development standards
shall be' prepared and submitted for review and approval that provide
design' standards 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 treatment 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 6f pavement and through the residential portion of the
project site as deemed appropriate through the PUD review process.
18. 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 Feel. All improvements and grading shall comply with
the 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'
rezoning process.
21. Adobe Creek shall be maintained in 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.
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2Z. Appropriate mechanisms, shall be developed for maintenance of all
landscaping within- the public rights -of -way,' common private areas and
golf course and shall be subject to review and. approval through the
PUD rezoning review *process.
23. The project shall. be 1subjectr to review and approval of the Sonoma
County Airport- Land Use Commission and shall comply with all
regulations pertaining to the airport land use policy.
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 City 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 approval of the City and prior to approval of the Final Map'.
25. The :developer. shall b'e required to pay- school facilities impact fees to
the Old Adobe School District per State or' local regulations in effect at
time of building permit issuance.
26. 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 conservation measures shall be incorporated, 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 with regard to this project. Said agreement
shall be submitted for Council approval prior to issuance of any
residential building, permit.
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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.
BE 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 Council in 1985.
reso . murwood . p cd
reso:?
Under the power. and, acthcaty cenferied Upon this1CO-1 by the Charter of said City.
REFERENCE: I' hereby certify the anWing Reaoiutcm-- o iatmduced and aiaptsd by the App_rscted as to
ConaQi of the MY of . Petals at -a (Regular) (Adiaamed) flRRIja& mwemg XO�
an the 27th day of AQr „ 198.i_, by the
farrowing vote:
AYES: Davis; Sobel, Woolsey, Cavanagh, Balshaw., Vice Mayon Tencer, Mayor Hilli�os
NOES: 0
ABSENT:' •�� Qp('
ATTEST:
City Clerk Mayor --
EXHIBIT D.
MUIRWOO'D GOLF & COUNTRY CLUB PROPERTY
1. Permitted Use of Property: T:he Property shall be developed in
accordance with the PCD (Planned Community. District) , Plan, approved by
Resolution 87-115 NCS, dated April 27, 1987, and attached hereto as Exhibit
C, or as amended, and the subsequent PUD Planned Unit Development
Development Plans as may be approved per condition 5 of said resolution or
as amended. The maximum number of residential dwelling units permitted
within the project shall not exceed 527. 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 .be complete. At Duffel's discretion, grading,
for residential areas street and `lot improvements and home construction may
occur simultaneously with additional improvements to golf course, and. upon
satisfactionof all other relevant conditions.
Duffel shall be permitted to construct up to 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
than,
one hundred (100)
residential
dwelling• .units is
commenced
in
any
giver_
calendar year,, the
difference
i
i
between thenumber actually constructed and one hundred (100); may; at
Duffel's discretion:, be commenced in the following calendar years (s) . This
right will be cumulativein each calendar year, and will not belost 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 (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 foundation permit.
3. Public Improvement Off. Site: Improvements to (1) Ely Road
Frontage Road) , (2) Frates Road including an off-street
pedestrian/bicycle path, and (3) Casa Grande Road, including an off-street
pedestrian/bicycle path, shall be completed prior to occupancy of any
residential units`. The design of all of those improvements shall be subject
to City approval.
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 to City staff determination, unless
otherwise specifically noted herein.
2
At the City's discretion, Duffel may be required to provide
underground conduit .to the City's, specifications to accommodate future
signalization at the Ely/Frates 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, subject 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 to issuance of any "Development Permit" for residential
dwelling units.
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 Frates and Casa Grande
Roads.
Additional dedications and reservations of easements to
accommodate streets and other public improvements will, 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 district,
subject
to
3
h
the City'S approval, for maintenance of landscaping and associated
improvement to, public rights -of -way as required. Said district shall be
established prior to close 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 and Recreation Improvements -- Duffel, on a per
residential dwelling unit basis, shall be subject to payment of two -fifth
(2/5) of the applicable park and recreation improvement fees, as. established
by the Petaluma Municipal 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_ district(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 Municipal
Code in effect at the time of each final map approval for residential areas
and building permit for golf course club: house/activity area and
maintenance yard.
(d') Community Facilities Development -- The 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 issuance.,, 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
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 arrangements, to meet the
low and moderate 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 Mitigation -- the project shall pay traffic
signal mitigation fees for the following intersections in the amounts
indicated:
Casa Grand/Ely $ 2,794.92
Fly/Frates: $41,953.13
Casa Grande/ S 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 for the golf course club
house/activity area, [Total number of trips estimated to be 2501. 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 follows: Ten
percent (10%) of the total 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
mitigation fee payable by Duffel hereunder or, otherwise onaccount of the
project exceed six hundred ninety thousand Dollars ($690,000.00) .
5
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 preferred starting times, reduced green fees,
resident cart privileges and' other such benefits that may be consistent with
good golf course management. Additionally, DufEel (and its successors) , at
its option,
may provide similar
privileges to
a limited
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 public
play
in varying
degrees,
as prescribed 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
may or
may not
have
member
0
privileges, but in all instances rely on some degree of public fee -paying
patronage.
9. Clubhouse: A. Duffel shall construct a club house facility of
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 fadlitJ s within five
years from the date this development agreement is executed, Duffel agrees
to dedicate a one acre site to 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 facilities shall have access to and share the
planned parking areas.
10. 'Wastewater Irrigation: Duffel shall use the City supplied treated
wastewater 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 wastewater for a period of fifty (50) years. Said
agreement
shall.
specify conditions
of use
of wastewater.
The
golf course
operations
shall
bear all pumping
costs
incurred annually
to
deliver the
wastewater, 7to the site.
VA
The City
will
construct
the
necessary
conveyances and pumping
facilit-ies 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 gain
easement to be determined at the time of final design.
11. Water: Prior 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 DC'A shall have been constructed.
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.
The City shall form a benefit area, of. which the Muirwood
development will be' a part, to fund a portion 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.
12. Storm Water Bypass: Duffel shall construct that portion 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
specifications 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
i�
I'
i,
0
& Somps prelh=- Ary cost estimate plus 20%, dated May 28, 1987) at the time
i
that development permits are issued_ for the 40ist residential unit within the
project, which funds shall be maintained in a separate, interest bearing
account, with .interest earned thereon payable to Duffel.
If plans and specifications for the Bypass are not completed and
available to bidders within five (5) years from the date 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 A 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 it is possible that the Bypass may be
designed in an alternate location off the property, in which case 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 specified
above. If plans and specifications for this alternate Bypass are not
completed and available to bidders within five (5) years from the date the
golf" course opens for play then Duffel shall be released from the obligation
to make the deposit and from any other obligations 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 .
E