The city recognizes that in some instances it may be appropriate to modify zoning requirements with a development agreement. The regulations set forth in this chapter outline the requirements for development agreements as referred to elsewhere in this zoning title.

Items for possible review within the development agreement include: drainage; sewer; water and other utility requirements; special yards; open spaces; buffers; fences and walls; installation and maintenance of landscaping; street dedications and improvements; vehicular ingress and egress; traffic circulation and regulation; signage; hours and methods of operation; building and yard maintenance; development standards; development schedules; setbacks; structure design; lighting; noise; dust; odors and emissions; colors; aesthetics; and impacts on neighboring properties. Other conditions may be reviewed as the council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. The city council may require that the applicant prepare and record covenants, conditions and restrictions (CC&Rs) which are binding upon the applicants and their successors. (Ord. 2007-16, 4-4-2007)

Applications for development agreements may be considered in the following cases and as described below:

   A.   R-1-14 zone where it may be desired to reduce frontage or lot size;

   B.   R-3-6 zone where residential condominiums may be desired;

   C.   Retail commercial zone where height restriction modification may be desired;

   D.   Resort commercial zone where height restriction modification or residential condominiums may be desired;

   E.   Other situations where city council determines a project subject to a development agreement, would benefit the community and meet the policies set forth in the general plan and in this zoning title. (Ord. 2007-16, 4-4-2007)

It may be appropriate to reduce the minimum size of subdivision lots in the low density residential zone (R-1-14) from fourteen thousand (14,000) square feet to not less than ten thousand (10,000) square feet, provided careful and creative planning methods are utilized to master plan the subdivision. The city council may approve a reduction in the minimum required size of subdivision lots to not less than ten thousand (10,000) square feet within the low density residential zone (R-1-14) subject to the following requirements:

   A.   Planning Commission Recommendation: A request to develop a subdivision where any lot therein is less than fourteen thousand (14,000) square feet shall first be submitted to the planning commission for its recommendation to the city council after notice and a public hearing before the planning commission as required by this title.

   B.   Development Agreement:

      1.   Approval of any subdivision with lots less than fourteen thousand (14,000) square feet shall be contingent upon the developer entering into a development agreement in form and content as approved by the city council. Such agreement shall constitute a binding contract between the developer and the city (the parties) and shall be construed together with the provisions of this chapter and any conditions attached thereto, to accomplish and give effect to the purposes set forth herein. The city council, by and through the mayor, shall be authorized to sign the development agreement(s) on behalf of the city.

      2.   The purpose of the development agreement shall be to specify the detailed terms and conditions upon which the developer will complete the subdivision and the covenants, conditions and restrictions that will attach to the subdivision. The development agreement shall create a vested right in applicant or its successors or assigns to develop and construct the project as set forth in the development agreement. Any development agreement may be amended by mutual written consent of the parties.

         a.   A development agreement, including exhibits incorporated by reference thereto, entered into pursuant to this chapter shall contain provisions that:

            (1)   Specify the duration of the agreement;

            (2)   Specify the permitted uses of the property;

            (3)   Specify the permitted density of use or development;

            (4)   Specify the maximum height, dimensions, building materials, and design of the proposed structures;

            (5)   Set forth the provisions for the reservation or dedication of lands for public purposes, including, without limitation: parks, roadways, trails, and utility easements, as applicable;

            (6)   Provide that construction shall be commenced within a specified time and that the project or any phase thereof shall be completed within a specified time, which shall be consistent with the expected build out of the phase. The development agreement may also include a provision which allows the parties to amend the expected build out calculations approved in the original development agreement;

            (7)   Provide for periodic review of the status of performance under the development agreement; and

            (8)   Contain exhibits or attachments thereto that are incorporated into the agreement by reference, including, but not limited to: a) covenants, conditions and restrictions (CC&Rs); b) a site plan or plat depicting the layout of the subdivision, including the dimensions and square footage of all lots, streets, and other improvements to the subdivision; c) traffic, soil or any other studies as deemed appropriate by city staff; d) a title report showing that ownership of the property is vested in the developer or an owner who has contracted with the developer to transfer title to the property upon the approval of the subdivision by the city; e) any other document, study or requirement city staff deems reasonably necessary for the particular development.

         b.   The parties shall not execute any development agreement prior to the final approval by the city council as provided under this section.

         c.   An executed development agreement under this section shall be recorded in the office of the county recorder within ten (10) days after it is executed by the parties.

      3.   This section is designed to inform applicants and the public of the requirements and conditions necessary to obtain approval of any subdivision with lots less than fourteen thousand (14,000) square feet as would otherwise be required by this title. To this end, all requirements, where possible, are expressly delineated in this section or other applicable ordinances. However, since it is impossible to cover every contingency and there are some aspects which do not lend themselves to be easily articulated, this section allows the planning commission to recommend and city council to impose reasonable conditions upon an applicant in addition to those expressly required, so long as such conditions do not conflict with any requirements set forth in this section or other applicable ordinances. (Ord. 2007-16, 4-4-2007)

It may be appropriate to allow condominium projects in the resort commercial zone or in residential zones where multiple-housing is allowed to achieve preferable architectural or aesthetic elements, provided careful and creative planning methods are utilized in the design of the building. The city council may approve condominium developments subject to the following requirements:

   A.   Planning Commission Recommendation: A request to construct a condominium project in a multiple-housing residential zone or in the resort commercial zone shall first be submitted to the planning commission for its recommendation to the city council after notice and a public hearing before the planning commission as required by this title. A draft of the development agreement described below shall be submitted to the planning commission sufficiently in advance of the public hearing to facilitate discussion of the proposed development agreement at the public hearing.

   B.   Development Agreement:

      1.   Approval of a condominium project may be approved contingent upon the developer entering into a development agreement in form and content as approved by the city council. Such agreement shall constitute a binding contract between the developer and the city (the parties) and shall be construed together with the provisions of this chapter and any conditions attached thereto, to accomplish and give effect to the purposes set forth herein. The city council, by and through the mayor, shall be authorized to sign the development agreement(s) on behalf of the city.

      2.   The purpose of the development agreement shall be to specify every acceptable design, exterior building material and feature, and landscaping of the building(s), including, but not limited to, building and building improvement heights. The development agreement shall create a vested right in the applicant or its successors or assigns to develop and construct the building(s) as set forth in the development agreement, provided that the applicant or its successors or assigns commences with construction within one year and completes construction within two (2) years of the date of execution of the development agreement. Any development agreement may be amended by mutual written consent of the parties.

         a.   A development agreement, including exhibits incorporated by reference thereto, entered into pursuant to this chapter shall contain provisions that:

            (1)   Specify the term of the agreement;

            (2)   Specify the maximum height, dimensions, building materials, and design of the proposed building and any improvements thereto or to the underlying parcel of real property;

            (3)   Provide that construction shall be commenced within a specified time and that the building shall be completed within a specified time;

            (4)   Provide for periodic review of the status of performance under the development agreement; and

            (5)   Contain exhibits or attachments thereto that are incorporated into the agreement by reference, including, but not limited to: a) architectural plans; b) building plans; c) landscaping plans; d) lists or summaries of approved building materials; e) a title report showing that ownership of the property is vested in the developer or an owner who has contracted with the developer to transfer title to the property upon the approval of the subdivision by the city; and f) any other document, study or requirement the city deems reasonably necessary for the particular building.

         b.   The parties shall not execute any development agreement prior to the final approval by the city council as provided under this section.

         c.   An executed development agreement under this section shall be recorded in the office of the county recorder within ten (10) days after it is executed by the parties. (Ord. 2007-16, 4-4-2007)

It may be appropriate to increase the height of buildings to more than fifty-five feet (55'), and to increase the height of facades, rooflines, and other non-occupied building improvements (collectively hereafter "building improvements") to more than sixty-six feet (66'), to achieve preferable architectural or aesthetic elements, provided careful and creative planning methods are utilized in the design of the building. The city council may approve an increase in allowable height of a building or building improvements subject to the following requirements:

   A.   Planning Commission Recommendation: A request to construct a building where the proposed building height will exceed fifty-five feet (55') or building improvements will exceed sixty-six feet (66') shall first be submitted to the planning commission for its recommendation to the city council after notice and a public hearing before the planning commission as required by this title. A draft of the development agreement described below shall be submitted to the planning commission sufficiently in advance of the public hearing to facilitate discussion of the proposed development agreement at the public hearing.

   B.   Development Agreement:

      1.   Approval of any building greater than fifty-five feet (55') or building improvement greater than sixty-six feet (66') shall be contingent upon the developer entering into a development agreement in form and content as approved by the city council. Such agreement shall constitute a binding contract between the developer and the city (the parties) and shall be construed together with the provisions of this chapter and any conditions attached thereto, to accomplish and give effect to the purposes set forth herein. The city council, by and through the mayor, shall be authorized to sign the development agreement(s) on behalf of the city.

      2.   The purpose of the development agreement shall be to specify every acceptable design, exterior building material and feature, and landscaping of the building, including, but not limited to, building and building improvement heights. The development agreement shall create a vested right in the applicant or its successors or assigns to develop and construct the building as set forth in the development agreement, provided that the applicant or its successors or assigns commences with construction within one year and completes construction within two (2) years of the date of execution of the development agreement. Any development agreement may be amended by mutual written consent of the parties.

         a.   A development agreement, including exhibits incorporated by reference thereto, entered into pursuant to this chapter shall contain provisions that:

            (1)   Specify the term of the agreement;

            (2)   Specify the maximum height, dimensions, building materials, and design of the proposed building and any improvements thereto or to the underlying parcel of real property;

            (3)   Provide that construction shall be commenced within a specified time and that the building shall be completed within a specified time;

            (4)   Provide for periodic review of the status of performance under the development agreement; and

            (5)   Contain exhibits or attachments thereto that are incorporated into the agreement by reference, including, but not limited to: a) architectural plans; b) building plans; c) landscaping plans; d) lists or summaries of approved building materials; e) a title report showing that ownership of the property is vested in the developer or an owner who has contracted with the developer to transfer title to the property upon the approval of the subdivision by the city; and f) any other document, study or requirement the city deems reasonably necessary for the particular building.

         b.   The parties shall not execute any development agreement prior to the final approval by the city council as provided under this section.

         c.   An executed development agreement under this section shall be recorded in the office of the county recorder within ten (10) days after it is executed by the parties. (Ord. 2007-16, 4-4-2007; amd. Ord. 2023-02, 2-1-2023)