3.20.070 Project determination.
An owner or owners of real property that is served by a public facility and who anticipate(s) that development may occur in phases, may apply to the City for a determination under this Section (“Project Determination”). The application form shall be provided by the City and the request shall be heard by the Planning Commission in accordance with the procedures under Chapter 17.09. The application shall describe the subject properties with respect to which the Project Determination is sought. The provisions of this section shall be in addition to the other applicable provisions of this Chapter.
A. The findings required by this Chapter shall also include the following:
1. Legal description(s) of the additional property(ies) to be covered by the findings in Section 3.20.020 above.
2. The findings in Section 3.20.020 above shall be based on the level and intensity of development that could occur on the subject property under the applicable zoning if the applicant does not have a development proposal, or on a proposed level and intensity of development under the applicable zoning to which the applicant agrees to commit. The level and intensity of allowable development shall be described with reasonable particularity.
B. Approval shall be conditioned upon development occurring at or below the level and intensity considered under the applicable zoning at the time the findings are made.
C. The applicant, and the applicant’s successors and assigns, shall be responsible for making the payment pursuant to Section 3.20.060(A) above and no work shall occur on or any permit (including any subsequent development permit) be issued for any of the subject properties prior to receipt by the City of the payment. All of the subject parcels shall be subject to the lien described in Section 3.20.060(A).
D. A Project Determination under this Section 3.20.070 shall constitute compliance with Goal 11 with respect to adequacy of public facilities and findings of adequate public facilities and/or acceptable level of service (with respect to a street or intersection) for all subsequent development proposals on the subject properties submitted in accordance with the condition in Section 3.20.070(B) above.