Item 4 - Staff Report with Exhibit 1.Development Agreements
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 6/12/2024
ITEM NO: 4
DATE: June 7, 2024
TO: Planning Commission
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Review Proposed Development Agreement Procedures and Recommend
Adoption to Town Council.
RECOMMENDATION:
Review proposed development agreement procedures and recommend adoption to Town
Council.
BACKGROUND:
Government Code Section 65954 provides that, upon request from an applicant for a planning
entitlement that a local jurisdiction adopt development agreement procedures for the
processing of development agreements. The Town has received such a request and staff has
developed the proposed procedures for review by the Planning Commission. A
recommendation from the Planning Commission is required before the proposed development
agreement procedures are presented to the Town Council.
DISCUSSION:
A development agreement is a voluntary contract between a local jurisdiction and a person
who owns or controls property within the jurisdiction, detailing the obligations of both parties
and specifying the standards and conditions that will govern development of the property.
Development agreements will often provide for payments or dedications of land in exchange
for vesting to current development standards. Jurisdictions are never obligated to enter into
development agreements; it is a voluntary agreement that must be of benefit to the
jurisdiction.
Government Code Sections 65864 and following, address development agreement
requirements. Section 65865 requires that the Town develop and adopt development
agreement procedures upon request of an applicant for a planning entitlement. The Town has
received a verbal request that the Town adopt development agreement procedures from
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SUBJECT: Development Agreement Procedures
DATE: June 7, 2024
DISCUSSION (continued):
counsel for an applicant for a planning entitlement. As a result, Government Code Section
65865 requires that the Town adopt procedures for the consideration and processing of
development agreements.
Development agreement procedures typically include the following:
• A Statement of Purpose/Findings Concerning the Public Benefits of Development
Agreements;
• Application Requirements;
• Notice and Hearing Procedures;
• Planning Commission and Governing Body Review;
• Recordation Requirements;
• Procedures for Amendment or Termination; and
• Procedures for Periodic Review.
The Town Council discussed potential development agreements in a study session on April 16,
2024, and recommended that, in order to maintain maximum flexibility, development
agreements not be limited to specific land uses, projects of a certain size, or projects in which
applicants will spend a minimum dollar amount on public infrastructure.
Proposed development agreement procedures are included as Exhibit 1.
CONCLUSION:
Staff recommends that the Planning Commission review the proposed development agreement
procedures and make a recommendation of adoption to the Town Council.
ENVIRONMENTAL ASSESSMENT:
Discussion of potential development agreement procedures is not a project subject to CEQA
and no environmental assessment is required.
EXHIBITS:
1. Draft Development Agreement Procedures