Alameda Municipal Code § 30-95 Enforcement

a. The development agreement shall be reviewed every twelve (12) months from the date the agreement is entered into. It is the applicant's responsibility to apply in a timely fashion for the annual review.

b. The Planning Director or his designee shall give notice to the applicant that the City intends to undertake the review of the development agreement. The notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Board.

c. The Planning Board shall conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant.

d. If the Planning Board finds that the applicant has complied in good faith with the terms and conditions of the agreement the review for that period is concluded.

e. If the Planning Board finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Board shall forward its recommendations to the City Council and the Council may modify or terminate the agreement.

(Ord. No. 2189 N.S.)

a. Notice of intention to modify or terminate the agreement shall be delivered to the applicant by certified mail containing:

1. The time and place of the hearing;

2. A statement as to whether the City proposes to terminate or to modify the development agreement;

3. Other information which the City considers necessary to inform the applicant of the nature of the proceedings.

b. At the time and place set for the hearing on modification or termination, the applicant shall be given an opportunity to be heard. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

(Ord. No. 2189 N.S.)