Amendment or cancellation.
San José Municipal Code § 18.02.250
in effect18.02.250 - Amendment or cancellation.
A. Any development agreement may be amended or cancelled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. The procedure for an amendment or cancellation shall be the same as the procedures for approval, except for the findings required to be made pursuant to Section 18.02.240A. above. An amendment may be granted upon a finding by the city council that an amendment is consistent either with the general plan and zoning codes in effect at the time the ordinance authorizing the agreement was adopted or at the time of any amendment. Review of an amendment shall be limited to consideration of those elements proposed to be added or changed.
B. The issuance of any land use approval or permit which approves a change in the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by a developer or in any other vested element set forth in the development agreement, shall require an amendment to the development agreement from such change to be vested.
C. Any change in the design elements not specified in the development agreement shall not require an amendment of the development agreement. The director of planning shall make the determination as to whether an amendment is necessary.
(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_PT2HE_18.02.250AMCAFetched: 11/1/2026