San Jose Municipal Code Part 1 Application

These regulations allowing for development agreements are adopted under the authority of California Government Code Section 65864 et seq.

(Ord. 28986.)

The City of San José may, at its sole discretion, enter into a binding development agreement with any qualified applicant for the development of such property pursuant to and in accordance with these regulations.

(Ord. 28986.)

A. All applications for development agreements shall be filed with the director of planning. The form of such application and the information and data required to be set forth thereon shall be as prescribed by the director.

B. A separate application shall be filed for each project for which a development agreement is requested.

(Ord. 28986.)

Each application shall be accompanied by fees as set forth in the schedule of fees established by resolution of the city council.

(Ord. 28986.)

A. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal, equitable or leasehold interest in the real property which is the subject of the development agreement.

B. If the applicant has an equitable interest in the property the owner shall join in the application or the development agreement shall be conditioned upon the close of escrow vesting fee title to the real property in the developer applicant.

C. If the qualified applicant has a leasehold interest in the real property the term of the development agreement shall be limited to the term of the applicant's interest, including any exercised option period. The term of the development agreement shall not exceed the term of the leasehold interest unless the developer applicant acquires fee title to the real property.

D. The planning director may require an applicant to submit proof of the applicant's interest in the real property. The qualified applicant and any successors in interest are hereinafter referred to as "developer."

(Ord. 28986.)

Upon acceptance of the application as complete and payment of fees, the director shall review the application and shall set a public hearing thereon before the planning commission.

(Ord. 28986.)