Agenda - Planning Commission - 07/27/2023

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1 zoning administrator shall be deposited with the City before the application is considered officially 2 submitted. 3 (E) Additional deposits after submittal If at any point during the processing of a oning-ef land use 4 application, the actual or estimated processing costs exceed the amount on escrow, the applicant 5 shall have ten days to supply an additional escrow in an amount equal to or greater than the 6 estimated processing costs. Failure to provide additional funds into a deficit account can result in 7 assessing the costs to the property subject to the application. 8 (F) Refund of unused deposits. Any portion of those funds deposited in escrow but not expended or 9 encumbered shall be returned to the applicant after final action on the application. Under no 10 circumstance shall an escrow be considered an interest bearing account. 11 12 202 Required Sureties and Financial Guarantees 13 Upon approval of a lard use application or administrative site plan review where a new building and/or 14 site improvements are being constructed or reconstructed, the City shall be provided with a cash escrow, 15 cash bond, and/or letters of credit prior to the issuing of building permits or initiation of work on the 16 proposed improvements or development. This security shall guarantee conformance and compliance with 17 the conditions of the approval and the provisions of this Code. 18 (A) The security shall be in the amount equal to 125 percent the applicant's estimated costs of labor 19 and materials for the proposed improvements or development. 20 (B) The city shall hold the security until completion of the proposed improvements or development and 21 a certificate of occupancy indicating compliance with the provisions of the land use application and 22 this chapter has been issued by the building official. A maintenance period of no morc than two 23 years for landscaping improvements may be collected as established by the annual fee schedule. 24 (D) Failure to comply with the conditions of the land use application approvals and the provisions of 25 this chapter shall result in forfeiture of the security. 26 (E) Landscape escrow for single-family lots. A landscape escrow, in an amount to be determined by the 27 annual fee schedule building official, shall be deposited for all required landscaping, including 28 topsoil, sod, and trees, which is not established at the time of issuance of a certificate of occupancy. 29 Installation of required landscaping, including topsoil, established groundcover sod (or seeding 30 where permitted by this Chapter), and trees, shall be completed within six months of the issuance 31 of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install 32 the required landscaping if said work is not completed within six months of the date of issuance of 33 the certificate of occupancy. 34 35 203 Development Agreements 36 Whenever a performance guaranty is imposed by the city, the applicant shall be required to enter into a 37 development agreement with the city. This agreement is to provide authorization to the city to utilize the 38 posted security and complete stipulated work should the applicant fail to meet the terms and conditions 39 of the development. Said agreement shall hold harmless the City for completion of the work and address 40 other matters as may be determined by the City Attorney. The development agreement shall be approved 41 by the City Council. 42 43 210 Land Use Applications 44 The following land use application types are required and are described further in this chapter: 45 (A) Variances 46 (B) Site Plan Review 47 (C) Conditional Use Permits and Amendments 48 (D) Interim Use Permits 49 (E) Zoning Text Amendments Page 27 of 160