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CONTENTS

SJ-MC tit. 18, ch. 18.02, pt. 4
in effect

San José Municipal Code § 18.02.400 Contents.

18.02.400 - Contents. A. Every development agreement shall be for a limited term of years. Such term shall be subject to amendment in accordance with the procedures set forth above for amendment. B. The development agreement shall specify the permitted uses of the subject property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and/or dedication of land for public purposes. C. The development agreement may contain a requirement that construction be commenced within a specified period of time or that the project or any phase thereof be completed within a specified time or make other provisions with respect to the timing of development. D. The development agreement may specify the location of public improvements, requirements for landscaping and any other terms and conditions. E. It shall contain a hold-harmless agreement and an agreement to indemnify the city from all suits and actions arising in connection with the agreement, excepting suits and actions brought by the developer for default of this agreement by the city or arising from the sole active negligence or willful misconduct of city. (Ord. 28986.)

San José Municipal Code § 18.02.410 Vested rights.

18.02.410 - 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.)

San José Municipal Code § 18.02.420 Change in state or federal law.

18.02.420 - Change in state or federal law. Section 18.02.410 shall not preclude the application to development of the subject property of changes in city laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the agreement have been executed or action of any governmental jurisdiction other than the city prevent or preclude compliance with one or more provisions of this agreement or require changes in plans, maps or permits approved by city, the development agreement shall be modified, extended or suspended as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdictions. (Ord. 28986.)

San José Municipal Code § 18.02.440 Effect of invalidity of agreement.

18.02.440 - Effect of invalidity of agreement. In the event a development agreement is found to be invalid in whole or in part as a result of a final determination by a court of competent jurisdiction, such finding shall not disturb, invalidate, terminate or rescind the other land-use regulations, permits or approvals related to the project or property which are the subject of such agreement. (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_PT4COFetched: 11/1/2026

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