Chapter 7 — NONRESIDENTIAL PROJECTS—REVIEW

92307.00 - Periodic review.

The planning director shall review a development agreement annually, on or before the anniversary date of the recordation of the development agreement, in order to ascertain the good faith compliance by the property owner with the terms of the development agreement. The property owner shall submit an annual monitoring report, in a form acceptable to the planning director, within thirty (30) days after written notice from the planning director. The annual monitoring report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the development agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the board of supervisors.

(Prior code § 92307.00)

92307.01 - Special review.

The board of supervisors may order a special review of compliance with a development agreement at any time. The planning director shall conduct such special reviews.

(Prior code § 92307.01)

92307.02 - Procedure.

A.

During either a periodic review or a special review, the property owner shall be required to demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue shall be on the property owner.

B.

Upon completion of a periodic review or a special review, the planning director shall submit a report to the board of supervisors setting forth the evidence concerning good faith compliance by the property owner with the terms of the development agreement and his/her recommended finding on that issue.

C.

If the board finds on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the development agreement, the review shall be concluded.

D.

If the board finds on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement, the board may modify or terminate the development agreement as provided in chapter 8 of these regulations.

(Prior code § 92307.02)

(Ord. No. 1448, §§ 10, 11, 4-14-09)