Agenda - Planning Commission - 04/27/2023

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1 (E) Additional deposits after submittal If at any point during the processing of a land use 2 application, the actual or estimated processing costs exceed the amount on escrow, the applicant 3 shall have ten days to supply an additional escrow in an amount equal to or greater than the 4 estimated processing costs. Failure to provide additional funds into a deficit account can result in 5 assessing the costs to the property subject to the application. 6 (F) Refund of unused deposits. Any portion of those funds deposited in escrow but not expended or 7 encumbered shall be returned to the applicant after final action on the application. Under no 8 circumstance shall an escrow be considered an interest bearing account. 9 10 202 Required Sureties and Financial Guarantees 11 Upon approval of a land use application or administrative site plan review where a new building and/or 12 site improvements are being constructed or reconstructed,the City shall be provided with a cash escrow, 13 cash bond, and/or letters of credit prior to the issuing of building permits or initiation of work on the 14 proposed improvements or development.This security shall guarantee conformance and compliance with 15 the conditions of the approval and the provisions of this Code. 16 (A) The security shall be in the amount equal to 125 percent the applicant's estimated costs of labor 17 and materials for the proposed improvements or development. 18 (B) The city shall hold the security until completion of the proposed improvements or development and 19 a certificate of occupancy indicating compliance with the provisions of the land use application and 20 this chapter has been issued by the building official. A maintenance period of ne McFe thaR two 21 years for landscaping improvements may be collected. 22 (C) Landscaping maintenance warranty established by the annual fee schedule. 23 (D) Failure to comply with the conditions of the land use application approvals and the provisions of 24 this chapter shall result in forfeiture of the security. 25 (E) Landscape escrow forsing►le family lots. A landscape escrow, in an amount to be determined by the 26 annual fee schedule buildira, e4 irCia', shall be deposited for all required landscaping, including 27 topsoil,sod,and trees,which is not established at the time of issuance of a certificate of occupancy. 28 Installation of required landscaping, including topsoil, established groundcover ss^al r^r seeding 29 VV IWhI%-Iere peFF►iCted this !''4,-�r,+or�l and trees, shall be completed within six months of the issuance 30 of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install 31 the required landscaping if said work is not completed within six months of the date of issuance of 32 the certificate of occupancy. 33 34 203 Development Agreements 35 Whenever a performance guaranty is imposed by the city, the applicant shall be required to enter into a 36 development agreement with the city.This agreement is to provide authorization to the city to utilize the 37 posted security and complete stipulated work should the applicant fail to meet the terms and conditions 38 of the development. Said agreement shall hold harmless the City for completion of the work and address 39 other matters as may be determined by the City Attorney. The development agreement shall be approved 40 by the City Council. 41 42 210 Land Use Applications 43 The following land use application types are required and are described further in this chapter: 44 (A) Variances 45 (B) Site Plan Review 46 (C) Conditional Use Permits and Amendments 47 (D) Interim Use Permits 48 (E) Zoning Text Amendments 49 (F) Zoning Map Amendments Page 26 of 147