A. As authorized by Government Code Section 65865.2, or as that section may be amended from time to time, a development agreement shall include the following provisions:
1. A development agreement shall provide that the applicant or developer is the legal or equitable owner of the subject property.
2. A development agreement shall specify the location of the subject property, and that the property is located within the City or the City’s sphere of influence, if applicable.
3. A development agreement shall specify its duration, the allowed uses of the subject property, the density and/or intensity of use, the maximum height and size of proposed structures, 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 dedication or improvements.
4. 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.
B. A development agreement may include the following provisions:
1. A development agreement may include conditions, requirements, restrictions, and terms for subsequent discretionary actions (provided the conditions, requirements, restrictions, and terms do not prevent the development of the land subject to the development agreement for the uses and to the density or intensity of development specified in the agreement) but does not affect the developer’s responsibility to obtain all land use approvals required by this Zoning Code or Municipal Code.
2. 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 CEQA, in order to eliminate or mitigate adverse environmental impacts of the project.
3. 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 of the project be completed within a specified time.
4. A development agreement may include a requirement for the developer’s payment of ongoing operational costs of public services and for the developer’s agreement to be included within a Mello-Roos District or other comparable district for financing ongoing operational costs of public services for the project.
5. If the development agreement requires developer’s financing of necessary public facilities, it may include terms relating to subsequent reimbursements over time for the financing.
6. A development agreement may include conditions relating to financial guarantees for performance of obligations specified in the agreement.
7. 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, provisions, or terms agreed upon by the parties, including sanctions for failure to meet requirements. (Ord. 935 § 3 (part), 2015)