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A. Purpose. The purpose of this requirement is for the city to have the capability to shape how new development will contribute positively to the city as a whole, and to ensure that new development will be integrated and comprehensively planned while creating special places that enhance the quality of life.

B. New Development Defined. For purposes of this section, “new development” shall mean any new residential development project on vacant land, on land where existing structures are demolished, or major expansions of existing buildings, in the HDR Zone. “Major expansion” shall mean an expansion that increases the floor area of existing buildings over 25 percent. In the HDR Zone, “new development” shall mean new residential development over 20 dwelling units per acre.

C. Standards.

1. All new development shall be located on a site, including consolidation of several properties, with a minimum size of one acre.

2. All new development shall comply with the development standards found in Table 20.16-2 and elsewhere in this chapter, including the maximum density limitations.

D. Development Agreement Required. A development agreement shall be required for all new development described in subsection (B) of this section, and shall be in addition to other permit requirements pursuant to Chapter 20.84 CMC. The provisions for application procedures, content, periodic review, and amendments found in Chapter 20.84 CMC, Part 9 shall apply.

In addition to the required and optional contents found in CMC 20.84.570, the development agreement required pursuant to this section shall include public benefits, including but not limited to:

1. Monetary contribution to the city for community amenities.

2. On-site improvements over and above base requirements that contribute to the community, such as affordable housing, community facilities, innovative use of infrastructure and renewable resources, and public art.

3. Off-site improvements, such as pedestrian and bicycle connections, or off-site public art or community facilities.

E. Exceptions. A development agreement shall not be required for:

1. Any project where streamlined processing is required pursuant to Government Code Section 65913.4.

2. Any project that includes remodeling of existing building floor area, or minor expansions that increase the floor area 25 percent or less.

3. Any site that is included in the Site Inventory found in Chapter 4 of the Housing Element.

4. A project that is 20 dwelling units per acre or less.

5. Any development that is exclusively for public buildings operated by a public entity.

F. Waivers. The city council may waive the requirement for a development agreement if it finds that the city would not benefit from a development agreement. (Ord. 690 § 4 (Exh. A), 2018).