17.08.190 Conditional zoning.
A. Definitions. “Conditional zoning” means an amendment of the zoning ordinance, concerning a specific parcel or parcels of property, which is enacted only after the owner of such real property has met specified conditions or, where appropriate, has entered into a contract with the city agreeing to satisfy specified conditions, performance of which is secured by surety bond.
B. Conditions. Requirements which may be made a condition of an amendment to the zoning ordinance as provided in subsection A of this section include, but are not limited to, the dedication of rights-of-way and easements, the waiver of direct access rights of any street abutting the property to be rezoned and construction of reasonable improvements. Such conditions shall relate to problems arising or potentially arising from the property if rezoned and used in accordance with the new zoning, such as vehicular or pedestrian traffic, police and fire services, grading or topography, access, drainage, water supply, sewers, utilities and/or proposed physical development affecting nearby properties. The conditions imposed shall fulfill public needs reasonably expected to result from the allowable uses and/or development of the property and/or avoid circumstances adverse to the public health, safety, convenience or welfare.
C. Procedure. In considering a proposed zone change pursuant to Section 17.64.110 of this code, the planning commission may, by resolution, conditionally approve the proposed zone change and recommend enactment of an ordinance effectuating such change subject to satisfaction of specified conditions and, where appropriate, the contractual commitment of the property owner to satisfy the specified conditions within a specified period of time and a surety bond guaranteeing performance of such contract. The owner of the property to be rezoned shall, within ten days after adoption by the planning commission of such resolution, either:
1. Commence preparation of a contract agreeing to the conditions specified in such resolution, conditioned upon city council enactment of an ordinance effectuating the zone change, and provide the planning director with a surety bond in the amount of one hundred percent of the total estimated cost of any improvements required by the specified conditions as estimated by the public works director;
2. Have satisfied the specified conditions; or
3. Appeal to the city council the recommendation of the planning commission imposing such conditions pursuant to Section 17.64.090 of this code. Failure of the owner to take any of the three actions specified above shall constitute withdrawal of the application for rezoning of his or her property. (Ord. 3964 §§ 6, 7, 2000; Ord. 2696 § 8, 1982; prior code § 17.52.200)