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§ 13-3

Novato Planning Code · 2026-07 edition · updated 2026-07-25 · Novato

13-3.014 Contents of Development Agreement.

a.

A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

b.

A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not affect the developer's responsibility to obtain all land use approvals required by the Novato Municipal Code.

c.

A development agreement may include conditions and restrictions imposed by the city with respect to the project including those conditions and restrictions proposed in an environmental impact report applicable to the project prepared and certified under the California Environmental Quality Act, and the city's regulations with respect thereto, in order to eliminate or mitigate adverse environmental impacts of the project.

d.

A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

e.

If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

f.

All development agreements shall contain an indemnity and insurance clause requiring the developer to indemnify and hold the city harmless against claims arising out of the development process, including all legal fees and costs.

g.

A development agreement is a contract that is negotiated and voluntarily entered into by city and developer and may contain any additional or modified conditions, terms or provisions agreed upon by the parties, including sanctions for failure to meet requirements.

h.

A development agreement may include conditions relating to financial guarantees for performance of obligations thereunder.

(Ord. No. 1151, § 1)

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▸ Contents — Novato Planning Code
Novato Planning Code
  1. § 5-3
  2. § 5-5
  3. § 5-7
  4. § 5-11
  5. § 5-12
  6. 5-22 - Reserved.
  7. § 5-25
  8. § 5-29
  9. 5-30 - Reserved.
  10. § 5-31
  11. 5-32 - Reserved.
  12. § 5-35
  13. § 5-37
  14. § 5-43
  15. 5-44 - Reserved.
  16. § 5-45
  17. § 5-46
  18. § 5-55
  19. § 9-3
  20. § 9-5
  21. § 9-7
  22. 9-8 - Urban Lot Splits.
  23. 9-9 - Final Maps.
  24. § 9-11
  25. § 9-19
  26. § 9-20
  27. 9-22 - Reserved.
  28. 9-23 - Improvements.
  29. § 9-24
  30. 9-25 - Monuments.
  31. 9-26 - Reserved.
  32. § 9-27
  33. § 9-33
  34. § 9-35
  35. § 9-36
  36. § 12-1
  37. § 12-2
  38. § 13-1
  39. § 13-3
  40. 13-4 - Hearings.
  41. § 13-5
  42. 13-6 - Cancellation, Modification, or Termination.
  43. § 13-7

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