The purpose of this chapter is to set forth growth management standards to insure the orderly conversion of the large amount of urbanizable residential land within the City to urban uses. The standards will apply to outlying areas of the City which are largely vacant and currently have a low level of urban services. These areas are projected to develop over time to a density of at least four units per acre. This chapter is intended to insure that public facilities adequate to serve development at this density are provided, either before or concurrent with development.
The growth management standards in this chapter shall apply to areas designated on the Comprehensive Plan/Zone Map with the symbol "GM."
The following standards shall apply to development within growth management areas:
A. 
All development shall provide the following primary urban services: water, sanitary sewer facilities connecting to the City sewer system, local streets, fire protection and drainage. An inability to provide an acceptable level of all primary services shall result in the denial of a land use application.
B. 
All development shall be reviewed to ascertain whether an adequate level of the following secondary urban services exists: collector and arterial streets, school, police protection and parks. Where the City determines and supports with findings that an unacceptable level of secondary urban services exist, the City may deny the land-use application unless the developer insures the availability of an acceptable level of the services within five years from occupancy.
C. 
City specifications shall be the standard used as measurement of acceptability of a service.
D. 
Encourage the development within urban areas before the conversion of urbanizable areas.
Growth management standards shall not apply to the following land use actions:
A. 
Construction of a single-family residence on a buildable lot.
B. 
Exceptions approved by the Community Development Director, or in the case of a conditional use, an exception approved by the Planning Commission. In either case, the following findings must be made to support the exception to growth management standards:
1. 
That the impact of the proposed development or land partition upon the unacceptable service(s) will be similar to that of a single-family residence;
2. 
That the approval of the development or land division without the particularly unacceptable service(s) will not impede the orderly, efficient provision of any primary or secondary service to that area;
3. 
That the public or nearby residents will not be endangered by the granting of the exception; and
4. 
That it is consistent with the intent and purpose of Statewide Planning Goals 11 and 14, and the purpose of this chapter stated in Section 16.112.010.
A. 
All land divisions which would create a parcel under five acres in size shall be subject to approval under the appropriate procedures in this Code (Chapter 16.216). Land divisions which would create a parcel under five acres in size in growth management areas shall be approved only if:
1. 
The lots created are at R-10 urban densities;
2. 
Primary and secondary urban services are supplied in accordance with Section 16.28.050;
3. 
An exception is approved as provided in Section 16.112.040.
B. 
All land divisions that would create parcels between five and 10 acres in size shall be reviewed to insure that the proposed parcel layout (i.e., relationship to roads, easements and utilities) and building placement is such that the parcel can be re-divided at urban densities.
The cost of providing the required urban services for a particular land use proposal under consideration shall be borne by the applicant or benefited properties unless otherwise authorized by the City Commission.
Compliance with the growth management standards shall be determined in conjunction with any land use application in accordance with the same procedural requirements as the accompanying land use request, except that the following shall also apply: Any published notice required of the accompanying land use request shall indicate compliance with the growth management standards will be considered.
For the purposes of this section, the word "insure" shall mean a legal and enforceable document, contract or process which guarantees to the City a public improvement will be accomplished. Assurances include, but are not limited to, the following:
A. 
Performance bond.
B. 
Cash in escrow, assignment of letter of credit, etc.
C. 
Establishment of an LID (post-remonstrance period).
D. 
Evidence of formal action by other public or private agencies or companies authorizing monies or scheduling of a requisite public improvement.
E. 
The requisite improvement is included in an adopted capital improvement program with funds assured by the City.
F. 
Any other legally binding agreement which assures the improvement will be made.