Vested rights.
San José Municipal Code § 18.02.410
in effect18.02.410 - Vested rights.
A. The development agreement shall specify the elements of development of the subject property which are intended to vest. Elements which may be so vested include but are not limited to the permitted uses, density, and intensity of use, the maximum height, maximum size and provisions for reservation or dedication of land.
B. Such vesting shall mean that all standards in the general plan, zoning code, and other rules, regulations, ordinances and official policies applicable to the development on the date of the adoption of the ordinance approving the development agreement remain in full force and effect and to the extent any changes in such general plan, zoning code or other rules, regulations, ordinances or policies are in conflict with the vested elements, the vested elements shall prevail.
C. To the extent any provisions of future general plans, zoning codes or other rules, ordinances, regulations or policies, adopted on a city-wide basis, are applicable to the subject property and are not in conflict with the vested elements, such general plan, zoning code or other rules, ordinances, regulations or policies shall be applicable.
(Ord. 28986.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT18LOPL_CH18.02REDEAG_PT4CO_18.02.410VERIFetched: 11/1/2026