§124.0102 How to Apply for a Development Agreement — San Diego Zoning Code

An application for a Development Agreement shall be filed in accordance with section 112.0102 and the following provisions:

(a) Persons Who May Apply. Any person who has a legal or equitable interest in the subject real property may file an application for a Development Agreement. If submitted by the holder of an equitable interest, the application must include a title report and a statement of consent to proceed with the proposed agreement executed by the holder of the legal interest and acknowledged before a Notary Public for the State of California.
(b) Accompanying Documents. The application shall be accompanied by:
- (1) Documentation that identifies the property and development to be covered by the Development Agreement and the type of vesting rights that the applicant is seeking with the Development Agreement;
- (2) An analysis of how the proposed Development Agreement complies with applicable land use plans , zoning regulations, and public facilities financing plans;
- (3) A description of the public benefit that will result from the Development Agreement in excess of what can be obtained through a tentative map , development permit , facilities benefit assessment, public facilities financing plan, or other regulations; and

Ch. Art. Div. 12 4 1 1

San Diego Municipal Code

Chapter 12: Land Development Reviews

(1-2014)

(4) Any technical studies necessary to support the proposed public benefit elements that would be in excess of what can be obtained through a tentative map , development permit , facilities benefit assessment, public facilities financing plan, or other regulations.
(c) Notice of Application. A Notice of Application shall be provided in accordance with section 112.0301(a). The City Manager shall also mail the Notice of Application to the City Council no later than 10 business days after the date on which the application is deemed complete .
(d) Review of Documents. The City Manager shall review the submittal documents for compliance with technical requirements and consistency with the applicable land use plan , Local Coastal Program , and City policies and may negotiate additions or modifications to the proposed agreement.
(e) Fees and Deposits. The applicant for a Development Agreement shall pay a filing fee in accordance with section 112.0202 at the time of filing the application. This fee shall be in addition to any other required fees or deposits for permits relative to development of the property and shall be for the purpose of defraying the costs associated with City review and action on the application.

(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.)