§ 124.0103 — Contents of Development Agreements

§124.0103 Contents of Development Agreements

(a) A Development Agreement shall contain all of the provisions listed in California Government Code section 65865.2, including: (1) The duration of the Development Agreement; (2) The permitted uses of the property; (3) The density or intensity of uses; (4) The maximum height and size of proposed buildings; (5) Provisions for reservation or dedication of land for public purposes; and (6) Provisions requiring the applicant to submit annually an affidavit within 30 days of the anniversary date of the effective date of the Development Agreement demonstrating good faith compliance with the terms of the Development Agreement and specifying the party responsible for the cost of the periodic review in accordance with section 124.0107. (b) Where applicable, a Development Agreement shall also: (1) Include conditions, terms, restrictions, and requirements for subsequent discretionary actions provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for uses and to the density or intensity of development set forth in the Development Agreement. (2) Establish a construction schedule, with thresholds based on public facilities and services available through a phasing and timing program, which may require that construction be commenced within a specified time and that the project or phase thereof be completed within a specified time. The construction schedule shall indicate the minimum development necessary to assure the applicant’s reasonable cost recovery for expenditures. (3) Include terms and conditions relating to the applicant’s financing of necessary public facilities and subsequent reimbursement over time. (c) The terms of the Development Agreement shall not preclude the inclusion of, and changes to, fees and exactions assessed on the property that is the subject of the Development Agreement assessed pursuant to facilities benefit assessments and public facilities financing plans, or other development impact fees and related fees adopted on a community or citywide basis. (d) The applicant or applicant’s successor in interest shall be subject to additional City imposed fees, impositions, or monetary exactions that may be adopted following the effective date of the Development Agreement. Such fees, impositions or exactions shall be limited to the applicant’s fair share contribution to impacts caused by the development and shall not duplicate any exactions or other mitigations or fees contributed or paid by the applicant. (e) The Development Agreement shall indemnify and hold the City and its officers and agents free and harmless from any and all claims and liability which might arise from the agreement or any performance by any party under the agreement.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)