Development Agreement

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Prior to approving a Development Agreement, the Board of Supervisors shall find that all of the following are true:

1. Consistency: The provisions of the Development Agreement are consistent with the General Plan and any applicable Master Plan, Public Financing Plan, Special Purpose Plan, and Specific Plan for the area; and San Joaquin Development Title Update 700 Final Draft.
2. Development Title: The proposed development complies with all provisions of the Title.

You must apply online through San Joaquin County’s Online Permitting System. First time users will need a valid email address to set up an account. It takes about 5 minutes to create a new account.

Step 1: INITIAL CONSULTATION

Applicants are encouraged to consult with Community Development Department staff prior to submittal of an application. 

Step 2: SUBMIT APPLICATION

1. Indemnity Form with signatures from all property owners

Step 3: APPLICATION ACCEPTED

Planning staff will review your application for acceptance. Once accepted, you will be sent information regarding payment of the appropriate fee through the Online Permitting System and via email. The current fee schedule is linked in the column to the right. 

Step 4: FEE PAYMENT

The following forms of payment are accepted:

1. Credit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies. 
2. Debit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies.
3. Check: Payable in person at the Planning Counter. Checks must be made payable to "San Joaquin County Treasurer."
4. Cash: Payable in person at the Planning Counter.

1. Required Contents: A Development Agreement must specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It must contain provisions concerning its transferability.
   
2. Improvements and Fees: A Development Agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.
   
3. Conditions: A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant’s responsibility to obtain all required land use approvals.
   
4. Environmental Mitigation: A Development Agreement may include, without limitation, conditions and restrictions imposed by the County with respect to the project, including those conditions, restrictions and mitigation measures proposed in any Mitigated Negative Declaration or Final Environmental Impact Report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.
   
5. Phasing: A Development Agreement may provide that the project be constructed in specified phases, that construction be commenced within a specified time, and that the project or any phase thereof be completed within a specified time.
   
6. Financing: If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
   
7. Indemnity: A Development Agreement must contain an indemnity clause requiring the applicant to indemnify and hold the County harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
   
8. Performance Obligation Fees: A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.