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A. Development agreements shall include the following:

1. The duration of the agreement, including a specified termination date if appropriate;

2. The uses to be permitted on the property;

3. The density or intensity of use permitted;

4. The maximum height, size, and location of buildings permitted, as well as other pertinent development standards;

5. The reservation or dedication of land for public purposes to be secured, including, but not limited to, rights-of-way, open space preservation, and public access easements;

6. Proposed exceptions from zoning regulations or other development standard, and findings where required;

7. The time schedule established for periodic review as required by Section 17.128.200.

B. Development agreements may also include additional terms, conditions, and restrictions in addition to those listed in subsection A of this section. These additional terms may include, but are not limited to:

1. Development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

3. Method of financing such improvements and, where applicable, reimbursement to developer or city;

4. Prohibition of one or more uses normally listed as permitted, accessory, subject to director’s action or subject to a minor use permit or conditional use permit in the zone normally allowed by right;

5. Limitations on future development or special terms or conditions under which subsequent development approvals not included in the agreement may occur;

6. The requirement of a faithful performance bond where deemed necessary to and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of a bond, the applicant may deposit with the city clerk certificates of deposit or other security acceptable to the finance director;

7. Specific design criteria for the exteriors of buildings and other structures, including colors and materials, landscaping, and signs;

8. Special setbacks, open spaces, trails, staging areas, buffer areas, fences and walls, public art, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;

9. Performance standards regulating such items as noise, vibration, smoke, dust, din, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties;

10. Limitations on operating hours and other characteristics of operation which the council determines could adversely affect the reasonable use and enjoyment of surrounding properties.

11. Incorporate or reference any environmental mitigation measures to reduce potentially significant environmental impacts, if applicable. (Ord. 1650 § 3 (Exh. B), 2018)