19.13.09 Master Development Agreements

1. Purpose of Master Development Agreement Process. a. A Master Development Agreement is a type of development agreement and is subject to the standards and requirements of Section 19.13.08. The Master Development Agreement process is established to provide a mechanism for the following: i. approval of a land use and zoning plan for a specified geographic area that is proposed for development; ii. identification of utilities and other public infrastructure that will be required to be installed in order to service the proposed development; and iii. creation of a development agreement that identifies general land uses, residential densities, size of non-residential developments, obligations for construction of public infrastructure, and general phasing of the development. 2. When Required. A Master Development Agreement shall be required of any development that is in excess of twenty acres in size if non-residential or mixed-use or developments in excess of 160 acres in size if residential. A Master Development Agreement may also be required pursuant to this Title 19 including Chapter 19.26 or may be desirable or necessary pursuant to the exercise of the City Council’s legislative discretion in the fact scenarios listed in Section 19.13.08. 3. Master Development Applications. Master Development Agreements may be accompanied by an application to amend the City’s General Land Use Plan Map and rezone the subject property. If so, then the General Plan amendment or rezone shall not occur until the Master Development Agreement is executed by the City and Developer. Master Development Agreement applications shall contain, at a minimum, the following information: a. a complete application that is duly signed by the property owner or the owner’s representative; b. a legal description of the property; c. a vicinity map showing the approximate location of the subject parcel with relation to the other major areas of the City; d. a general description of the proposed development together with a map indicating the general development pattern, land uses, densities, intensities, open spaces, parks and recreation, trails, and any other important element of the project; e. a data table including total number of lots, dwellings, and buildings, square footage of proposed buildings by floor, number of proposed garage parking spaces, number of proposed surface parking spaces, percentage of buildable land, percentage of open space or landscaping, and net density of dwellings by acre; f. existing and proposed offsite and onsite infrastructure including proposed offsite and onsite roadways, utility locations, and capacities; g. estimated impacts of the proposed Master Development Agreement on all public utilities including potable water, irrigation water, wastewater, transportation, storm drainage, fire protection, and solid waste; h. parks and recreation demands of the proposed project; i. existing physical characteristics of the site including waterways, geological information, fault lines, general soils data, and contour data (two-foot intervals); j. identification of environmental issues, if any, and how such will be protected or mitigated (e.g., wetlands, historical sites, endangered plants, etc.); k. information relating to storm drainage including: 100-year 24-hour drainage flows, 10-year 24-hour storm water flows, and proposed storm drainage facilities; l. major street layout with detailed traffic study prepared by a traffic Engineer; m. statements of how the proposed development is compatible with surrounding land uses and other areas of the City and how internal compatibility will be maintained; n. statements or maps indicating how the proposed master plan will comply with the City’s open space and parks and recreation regulations; and o. file of all submitted plans in pdf or AutoCAD 2000 format. 4. Open Space Requirements. The amount of open space required with any Master Development Agreement application may be established in accordance with the provisions of the applicable zoning designation as set forth in Chapter 19.04 of this code, established through agreement by the parties, or established through a condition precedent to receiving additional consideration by the City. 5. Planning Commission Action. Upon receipt of a complete Master Development Agreement application, the Planning Director shall schedule the application for a public hearing before the Planning Commission. a. The Planning Commission shall conduct a public hearing and shall thereafter recommend to the City Council approval, approval with conditions, or denial of the Master Development Agreement application. b. The Planning Commission may also recommend modifications to a Master Development Agreement application or may table its action if the application is incomplete or if the Planning Commission determines that more information should be provided prior to making a recommendation. 6. City Council Action. a. The City Council, after a receiving a recommendation from the Planning Commission, shall review the application and shall approve, approve with conditions, or deny the application. b. The City Council may modify the application or table their action if the application is incomplete or if the Planning Commission determines that more information should be provided prior to taking final action. c. The Master Development Agreement must be executed by the parties before a rezone or General Plan amendment is granted or takes effect. 7. Effect of the Master Development Agreement. The Master Development Agreement, as approved, will constitute the applicant’s right to develop the property in essentially the same manner as outlined in the Master Development Agreement. a. Generally, the Master Development Agreement shall include a request to amend the City’s Land Use Element of the General Plan and Zoning Map, if necessary. If such amendment is granted, the developer may be required to provide additional consideration to the City including without limitation upsized public infrastructure, additional open space, and public dedication of improvements not otherwise required to be dedicated. b. The Master Development Agreement shall not grant the applicant the right to circumvent any City ordinances, policies, City Council directives, or any other procedure that is approved and practiced by the City. c. The applicant shall still be required to apply for subdivision approval, Site Plan review, or other appropriate procedures as required by this Code. 8. Additional Requirements. A Master Development Agreement shall generally conform to the requirements found in this Chapter pertaining to the contents of a development agreement, as appropriate, as well as the following requirements: a. The Master Development Agreement shall establish the general land uses in the project, the total number of residential dwellings, the estimated square footage of structures used for non-residential purposes, the general off-site utility and public infrastructure required, and any general phasing for the development of the Master Development Plan area. b. The Master Development Agreement shall include provisions for phasing of improvements and the timing of the construction of public infrastructure. 9. Amendment. A Master Development Agreement may be amended upon agreement of all parties. a. Minor amendment: a minor amendment is an amendment that does not alter the density, amount of open space, or unit type, and may be approved by the Planning Director. b. Major amendment: a major amendment is an amendment that alters the density, amount of open space or unit type, and shall be approved by the City Council.