Hercules Municipal Code Art. 6 Periodic Review

Hercules shall review the development agreement every twelve months from the date the agreement is entered into.

The time for review may be modified either by agreement between the parties or by the affirmative vote of a majority of the Hercules City Council.

(Ord. 198 § 1 (part), 1985)

The Planning Director shall begin the review proceeding by giving notice that Hercules intends to undertake a periodic review of the development agreement to the property owner. The Planning Director shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Hercules City Council.

(Ord. 198 § 1 (part), 1985)

The Hercules City Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

(Ord. 198 § 1 (part), 1985)

The Hercules City Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(Ord. 198 § 1 (part), 1985)

(a) If the Hercules City Council finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

(b) If the Hercules City Council finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Hercules City Council may modify or terminate the agreement.

(Ord. 198 § 1 (part), 1985)